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  May 23  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 May 23 1938

1938

The question of the genuineness and proper execution of vakatatnamas is covered by the Rules and Orders framed and issued by the High Court and under the particular rules to which our correspondent makes apprpriate reference the responsibility for both is laid solely on the lawyer who accepts a vakalatnama and presents it to the Court. [...] The mere acceptance of a vakalatnama by a pleader is a sufficient warranty of its having been duly executed by the person puporting to have executed the same and the precautionary measure ordered to be taken by the District Judge in getting the vakalanamas sealed and numbered by the Bar Assciation is superfluous and unnecessary and it does not in any way mitigate the slur cast 'upon the p [...] In view of the Standing Order of the Ditrict Judge the Bar Association has got to incur extra-expenditure in engaging a man solely for the purpose of sealing and nubering of vakalatnamas As the order complained of reflects serious professional rnis-conduct on the Sadar Pleaders here generally which is cosidered to be not supported by facts it is dsirable that the same ought to be [...] It was cotended for the Plaintiff that although part of the mortgaged property did not belong to the mortgagors at the date of the morgage yet as it was subsequently acquired by them the mortgage as regards such share became effective when the mortgagors aquired it: Held (NIAMATULLAH and ALLSOP 3J.)— That as the mortgagee was aware of all the circumstances and the state of the tranf [...] The fact that the legal representative of a deceased defendant is already on the rcord but in another capacity does not pr- vent the abatement of the suit and the plaintiff is not thereby relieved from the duty of applying within time for the substitution of the legal representative of the deceased defendant.
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 Short Notes of Important Decisions of other High Courts in India Monday May 23 1938
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