cover image: The Calcutta Weekly Notes  Monday  April 24  1944

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The Calcutta Weekly Notes Monday April 24 1944

1944

In our opinion the composition of the personnel of the Court is a compartively minor matter and to say that all that is necessary to make the Federal Court a real Supreme Court is to fill it with mebers of the Indian Bar is to make an eaggerated claim on behalf of the profession and place professional interests above the larger interests of India. [...] If by reason of the defect of stamp the promissory note is held inadmissible in evidence it is open to the Plaintiff to prove the loan and all its terms and to recover the loan irrespective and independently of the promissory note by giving other evidence including that funished by a contemporaneous receipt if there be any. [...] A person who is inducted upon the land belonging to a number of co-sharers by one co-sharer without the consent or authority express or implied of the former is not a raiyat in respect of the entire land whaever rights he may have in regard to the undivided share of the land of which a csharer inducting him may be the lanlord. [...] He may be a tenant of the co-sharer who has inducted him on the land and as against him he may not be able to say that the relationship of landlord and tenant does not exist but he is certainly not a tenant of the entire body of landlords and he canot therefore be a raiyat in respect of the 51lii THE CALCUTTA WEEKLY NOTES entire land and cannot acquire occuptncy right in it by being in possess [...] 73 so as to entitle one of such decree-holder to claim rateable distribution of the proceeds of tin property of the deceased which 'has been attached and sold in execution of the decree of the other.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday April 24 1944
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