cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  February 1  1909

Premium

20.500.12592/4c2x25

The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday February 1 1909

1909

59 97.] In accord with this rule is the opinion of a recent case in India which confirms the right of the Courts of British India to adjudcate the title to property situated therein belonging to a native prince not subject to the Court's juridiction in spite of the fact that the rules governing the decent of the property were the same as those governing the succession to the throne. [...] Yet the Supreme Court held in a leading case that in boundary disputes between the states the state's right of escheat to the property within its borders is a sufficient property right to render the question one for the judiciary and that the sovereignty and jurisdiction of the states is merely incidental to the property rights involved. [...] From the above it seems reasonably clear that the rule that sales in execution of decrees for rent against the registered tenants pass the entire tenure and not merely the right title and interest of the judgment-debtor has had its origin in certain pecliarities of the rent law of the province one of such peculiarities being the supposed duty of the heirs or transferees of tenants to obtain [...] The auction purchaser appealed to the District Judge against the order settingaside the sale and the District Judge by his order dated the 6th June 1908 reversed the decision of the Munsif and confirmed the sale. [...] In the meantime after the decision of the Munsif dated the 22nd January 1908 the decree-holder having prayed for a fresh proclamation the same was issued on the i4th of April 1908 the Pettioner deposited the decretal amount and the decree-holder withdrew the same.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes
cxiii-cxx unknown view

Related Topics

All