cover image: The Calcutta Weekly Notes  Monday  January 5  1942

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The Calcutta Weekly Notes Monday January 5 1942

1942

May we ask him to apply the same rule to his own interpretation and say how he would dispose of the words " in a suit to which the Act applies " if nothing more be necessary than that a decree should have been u'satisfied on the 1st of January 1939 and how he would account for the unnecessary presence of those words in the sub-sections concerned? [...] - The argument of our corrrspondent seems to be that if the definition meaning of " a suit to which the Act applies " is given to the phrase in sec. [...] The power can be exercised in the course of a suit—whether based on a mortgage or otherwise—or in execution and in either case the sole criterion is whether such an appointment is just and convenient." It is not the law that a receiver cannot be apointed in execution unless there is any difficulty arising from the nature of the property in proceeding with the execution in the ordinary manner [...] A sale by the guardian of a minor apointed under the Guardian and Wards Act without the sanction of the Court is voiable and not void and operates as a valid transfer unless set aside at the instance of the minor concerned within the period of limitation. [...] 15 of the Letters Patent permits of an appeal from a single Judge of the High Court sitting on the Appellate Side when the Judge declares that " the case is a fit one for appeal." It is no function of the Judge to say what points are fit for appeal.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday January 5 1942
xxix-xxxii unknown view

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