cover image: The Calcutta Weekly Notes  March  10  1947

Premium

20.500.12592/525kd7

The Calcutta Weekly Notes March 10 1947

1947

We would like to draw the attention of the profession in the Original Side to the judgment of MAJUMDAR J. reported in this issue; Surendra Kumar Karforma and anr. [...] In the Council he sat as the representative of the graduates of the University who must have voted in large numbers for the Rai Bahadur particularly for the services he rendered as founder of the Association for the Advancement of Scientific and Industrial Education of Idians. [...] 52 of the Civil Procedure Code prvides that the decree in order to be execued by attachment and sale of the property of a deceased person must bear the charater of one having been passed against a party as the legal representative of the dceased person and secondly that the decree must be for payment of money out of the property of the deceased. [...] It may be that it would not always accord with justice to insist upon the actual words of the section being present in the decree but the decree itself must bear sufficient materials to indicate that it was intended by the Court to be operative against the estate of a deceased debtor. [...] The case when the contested decree is passed by the Court in a suit which has been properly framed namely in the sense that it has been framed against the legal representatives as such and the relief sought is in substance that the decretal money should be realised out of the assets of the deceased debtor in his hands the strictness or accuracy of the language in which the decree is couched may
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes March 10 1947
lxix-lxxii unknown view

Related Topics

All