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  December 18  1922

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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 December 18 1922

1922

or the Colonies or on the Continent of Europe—that next to the District and Sessions Judge the chief judicial officer in the District is the person who is responsible to the Government for the preservation of its Jaw and order viz. [...] 5 000 or this Court because the Legislature.never contemplated an appeal direct from the decision of a Munsif to the High Court." In this case the Plaitiffs in the course of the bearing of the appeal before the High C2urt gave up the claim for mesne profits antecedent to the suit and the High Court directed the return of the plaint in so far as it embodied a prayer for assessment of mesne pr [...] In this case the High-Court directed that the petition for assessment of mesne profits so far as it concerns the period antecedent to the filing of the suit would remain in the Court of the Munsif while the plaint or application for the mesne profits subsequent to the filing of the plaint would be returned for presentation in the Court of the Sub-Judge. [...] In the case of Baikantha Nath Kundu v. Mahn4nda Baal 24 C. W. N. 342 the Munsif follwing the case of Bhupendra Kumar ehakravartty in a case of similar nature rturned the entire plaint containing the prayers fo'r assessment of the mesne profits antecedent ta the suit and pendente lite but the question how the Court of the Subordinate Judge can he invited to deal with the enquiry as to mes [...] Jenkins C. J. disposed of the matter thus :— It is not suggested that the Munsif has no jurisdiation if regard be had to the value of the suit at the time of its institutiqn that is to say if regard be had to the value of the property in suit and of the m.esne profits that had then accrued due but it is said that subsequent mesne profits have so swelled the value of the suit that the Munsif
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
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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 December 18 1922
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