cover image: The Calcutta Weekly Notes  Monday  February 8  1943

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20.500.12592/z13191

The Calcutta Weekly Notes Monday February 8 1943

1943

Our correpondent seems to think that that is the end of the matter and since the statute gives a right but lays down no limit of time within which the right must be exercised the postion that arises is that the right may be exercised at any time. [...] 29 (2) of the Limitation Act which provides to quote only the relevant part that where any special or local law prescribes for any application a period of limitation different from the period prescribed therefor by the first schedule the latter shall yield thereto and shall be deemed to be the period precribed by the schedule. [...] (5) That in cases where fifteen years of possesion had already expired at the commencinent of the Amendment Act of 1938 the mortgagor would be entitled to possession immediately on the commencement of tne said Act? [...] 26G (5) merely says that on the expiry of fifteen years or the stipulated Period if the same be less the consideration for the mortgage shall be deemed to have been extinguished and the mortgagor shall become entitled to possession. [...] In the case of a Plaintiff whose suit is dismissed by the High Court on appeal the value for the purposes of leave to appeal to the Privy Council is the amount calculated up to the date of the decree of the lower Court; further interest cannot be added bcause the grant of subsequent interest is within the discretion of the Court and therefore the further interest which may or may not be allow
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday February 8 1943
xxiii-xxiv unknown view

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