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 Short Notes of Important Decisions of other High Courts in India  Monday  February 21  1938

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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 Short Notes of Important Decisions of other High Courts in India Monday February 21 1938

1938

The use of the word “ restore ” in the latter part of our correspondent’s letter would seem to suggest that the real state of affairs was the latter and the member after vacating the seat was restored to its occupation on a later date. [...] 69 (1) (f) says that he becomes disqualified when the time for lodging the return has expired but there is a proviso postponing the commencement of the disqualification till the expiration of one month from the last date of lodging the rturn or of such longer period that the Goernor may in a particular case allow. [...] Where there is a level crossing and more particularly where there is a level crossing in the neighbourhood of a place where a cosiderable population assembles from time to time the duty to guard that level crossing by means of gates and the duty of closing gates in sufficient time before the approach of a train is cast on the Railway Company and if the Railway Company leave the gates open it [...] On the other hand it was argued on behalf of the Respondent that the word default " in this rule has a wider meaning and the rule means that when the Court is unable to proceed with the exection petition on account of some act of the decree-holder as opposed to an act erroneous or otherwise of the executing Court or of its officer or an account of an order of stay of a Superior Court then the [...] 21 r. 57 Civil Procedure Code is an oder of dismissal or of adjournment of the execution proceedings and that if the order is one of dismissal as in the present case it must be regarded to be the attachment must have ceased: Held (DIVATIA J.) —That although the circumstance of each case have to be taken into consideration to see whether the default in a particular case was of the decree-ho
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Pages
4
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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 Short Notes of Important Decisions of other High Courts in India Monday February 21 1938
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