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  January 13  1941

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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 January 13 1941

1941

The decision of the Judicial Committee in the case of The Punjab Co-operative Bank v. The Commissioner of Income Tax Lahore reported in this issue relieves the High Courts of India of a vexatious and puposeless task which sec. [...] But the manner in which a way is made through the apparently absolute terms of the statute and the principles which are applied to secure for the High Courts their freedom from a ridiculous obligation reveal the master and are features of the judment which inspire true intellectual respect fo.^ the legal mind. [...] (g) of the setion which speaks of breach of a condition and forfeiture; and then too the ground would be not bare failure to pay but fofeiture of the tenancy incurred by breach of an express condition which provides that on the tenant's failure to pay the rent the landlord may re-enter. [...] The ground therfore is not the fact of non-payment but breach of the condition to pay the rent which has super-added to it a penalty clause making the tenant liable to re-entry by the landlord. [...] 21 r. 93 of the Civil Procedure Code and to order payment of the purchase money to the purchaser either from the judgment-creditor or the assignee whoever was found on enquiry to be liable to make the payment.
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 January 13 1941
xxxiii-xxxvi unknown view

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