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 March 10 1941

The fee is an imposition of a compulsory character pament of which is not a condition precedent to the exercise of the profession nor is its non-payment destructive of the right of practice: on the other hand liability to pay it attaches to a practitioner by reason of his exercising the right he otherwise has under the Legal Practitioners Act. [...] The Magistrate proceeds at the instance of the Municipality that „is to say on the Municipality's complaint and the question whether he is subordinate to the District Magistrate or the Chairman is otiose. [...] When a tenancy is sold in execution of a decree for arrears of rent the decree-holder is entitled to receive from the surplus sale proceeds any rent which may have fallen due in respect of the tenancy between the institution of the suit and the date of the confirmation of the sale and no longer. [...] The ordinary rule as to the consequences of a suit to enforce a charge or a mortgage is that on sale of the charged or mortgaged properties the purchaser aquires the rights of both the mortgagor and the mortgagee so that the charge or the mortgage sought to be enforced is etinguished. [...] 169 (.1) (c) is that the dtree-holder is under that section enforcing a charge for the rent not only up to the date of suit but rent that should accrue due up to the date of the confirmation of the sale and if that is the extent of the charge that he is enforcing that will also be the extent of the charge which is extinguished.