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  June 28  1915

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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 June 28 1915

1915

The Town Sergeant during the deliberations of the jury in an excess of zeal remained in the room with them for some 20 minutes out of the half-hour during which the jury deliberated. [...] 145 of the Criminal Procedure Code between the Plaintiff on the one side and the 2nd party Defendants on the other who were the prnprietors and managers of Thikaha Indigo Factory and obtained a lease from the 3rd party Defendants of the mauza in which the Plaintiff's holding fell. [...] The Munsif decreed the suit but on appeal the learned District Judge while finding the title of the Plaintiff established apparently dismissed the suit on the ground that it was barred by limitation. [...] The only issue which the Munsif was called on to decide was whether the Plaintiff had been in possession within 12 years of the date of the suit and this question he answered in the negative. [...] But the entry in the recorof-rights raises a presumption in the Plaintiff's favour and shifts the onus on the Defendants and makes it necessary for them to establish' affirmatitely that the Plaintiff has been out of possession for more than the statutory period." Although the judgment of the Criminal Court was evidence of possession the statements of witnesses who deposed in that Court and wh
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 June 28 1915
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