cover image: The Calcutta Weekly Notes  Law Notes of 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  January 1  1940

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The Calcutta Weekly Notes Law Notes of 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 January 1 1940

1940

45 of Act V of 1919 the District Board may make to the Union Board grants-in-aid from the district fund " to enable the Union Board to carry out any of the purposes of the Act." As a matter of fact the District Boards always grant money to the Union Boards. [...] After the dimissal of the claim petition the properties were sold in execution of the decree but the sale was set aside on the objection of the judgment-debtor and the decree was othewise satisfied on 10th August 1918. [...] '21 r. 63 of the Civil Procedure Code is in form and in sustance a declaratory suit and it will be an unreasonable exercise of discretion by the Court to make a declaration in such a case of the decree-holder's right to attach if the period of twelve years had expired between the date of the attachment and the date of the institution of the suit unless the prpert y had already been sol [...] The suit is often but a step to enable the decreholder to bring the property to sale; if by reason of the extinction of the judgmendebtor's 'title before the sale there would be nothing to be sold a declaration in the dcree-hohler's favour in the suit.tinder Or. [...] 14 not on the date on which the order directing the return of the plaint is passed but on the date on which the plaint is actually returned to the Plaintiff.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
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The Calcutta Weekly Notes Law Notes of 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 January 1 1940
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