cover image: The Calcutta Weekly Notes  Monday  July 29  1929

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The Calcutta Weekly Notes Monday July 29 1929

1929

The Defendant denied the breach alleging that the structure complained of was within the term "bunglow." The contention of the Plaintiff was rejected that the word was an ordinary English word of which the court would take judicial notice. [...] ing definition was given A bungalow was a building of which the walls with the exception of any gables went no higher than the ground floor and of which the roof started at a point not substantially higher than the top of the wall of the ground floor; and it did not matter in what way the loft space in the roof was utilised. [...] This are rviewed the general law relating to the rmoval of fixtures whether the fixtures be agricultural or appertaining to trade or sustituted fixtures; the rights of ao-sharers ilder se and of mortgagee and mortgagor; lave Effect of sale lease and 4vise; and lastly to us the most absorbing topic the very modern problems affecting moveable pronertheld under the hire-purchase sy[...] The case of Gobind Paramanik v. Gooru Churn (3 W. R. 71) which declared such rights of a trepasser was not overruled by the Full Bench case and when one goes back to the origin of the law in England one finds pace Bracton that the test is whether the builings were put up bona fide or nuthi fide not whether the builder was a trespasser or was not. [...] 9 r. 13 inasmuch as the record as it stood could not help the Appellate Court in coming to a deciaion on the merits of the application for restoration.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday July 29 1929
cxlix-clii unknown view

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