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  June 3  1940

Premium

20.500.12592/0d8bpg

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 June 3 1940

1940

If a Judge be free to offer himself for egagement to one of the parties before him at subsequent stages of the same litigation he is exposed to the suspicion that he will favour the wealthier of the two in the hope of being briefed by him in future. [...] 58 (d) of the Transfer of Property Act... a usufructuary mortgage can only come into existence if the whole of the mortgaged property is made over to the possession of the mortgagee." His Lorship expressed the above view in the case of Sital Prasad Lala v. Umesh Chandra Chakravarty reported in our last issue and went on to hold that sec. [...] It seems to us that the High Court in that case omitted to notice that the mortgagee could only sue for money under section 68 on the basis of the transaction being a usufructuary mortgage and on no other and that the same transaction could not be treated as a usfructuary mortgage for the purpose of attracting the provisions of section 68 and as not being a usufructuary mortgage for the purpos [...] The date on which the appeal was rejected was not fixed for the hearing of the appeal and therefore it could not be dismissed for the Appellant's default under r. 17 of Or. [...] 45 of the Cess Act is one to be decided by the Revenue Court which issues the certificate and if that Court decides rightly or wrongly that the cess is recoveable and the claim made for the recovery is not barred by limitation a suit cannot be entertained in a Civil Court to set aside that decision.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 June 3 1940
cv-cviii unknown view

Related Topics

All