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  July 25  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 July 25 1938

1938

Though it is admitted that in case of such joint publication the earliest date of publcation should be three weeks prior to the expiry of the term of office of the existing Municipal Board yet in my opinion such publication in the Calcutta Gazette cannot be delayed so as to extend beyond the period of four years the life of a Municipal Board. [...] (2) of the said section it has been provided that the said period of four years shall be held to include any period which may elapse between the expiry of the said four years and the date of the first meeting of the newly formed body of Commissioners." A plain reading of the section signifies that the existence of the newly formed body of Comissioners and the possibility of fixing the date [...] After this conditional discharge the Plaintiff agreed to lend the second Defendant a certain amount in cash and to waive his claim to the sum due to him from the Official Assignee as a creditor in the insolvency thereby enabling the amount of that decree to be reduced pro tanto; and the Defendant executed the promissory notes in suit the first Defendant doing so as a surety for the second Defen [...] While the equiry relating to the mesne profits was prceeding the Plaintiff assigned the decree in favour of the Respondent with the result that when the amount of mesne profits was ascertained a decree was passed in favour of the Respondent. [...] 21 r. 16 must be read along with the main provisions of the rule and r. 16 is primarily intended for those cases where the name of the applicant for the execution of the decree does not appear as a decree-holder in the dcree and he bases his right to execute the decree on the ground that the interest of one or more of the decree-holders has been asigned to him in writing or transferred t
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 July 25 1938
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