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  December 9  1940

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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 December 9 1940

1940

Both the original estimate served upon the Advocate and the copy served upon the party contain a direction that the money is to be paid within a certain period from the service of the estimate upon the Advocate. [...] In such circumstances one would expect that since the Court was Liealing directly with the party and treaing the Advocate as merely a channel for the transmission of the money the time :prescribed for payment would run from the service of the estimate upon the party. [...] Rule 21 lays down that the estimate is to be served On the Advocate within 14 days of the delvery of the list of papers but curiously enough prescribes no time-limit for the despatch of the copy to the party. [...] handwriting as a hand-note but the name of the payee was inserted by the person to whom the note was delivered: Held (AGARWALA and ROWLAND JJ.)— That the Defendant was not entitled to deny that the document was a hand-note and the onus of proof did not lie on the Plaintiff. [...] As the instrument in question was a negtiable instrument it was not open to the Dfendant to plead that the holder of the note namely the payee is not the person entitled to recover on it but the person to whom the note was delivered.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 December 9 1940
xvii-xx unknown view

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