cover image: The Calcutta Weekly Notes. Monday  September 19  1904

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The Calcutta Weekly Notes. Monday September 19 1904

1904

The judgment of the House7 Lords in dismising the appeal states inter alia :—That the weight ilif authority was in favour of the view that these machines must be held to be affixed to the building so as to pass under the mortgage as being a portion of the factory. [...] The authorities controlling the questions respecting the difference between fixtures and chattels were very numerous; in dealing with such cases attention must he paid not only to the nature of the thing and to the mode of attachment but to the circumstances under which it was attached the purpose to he served and last but not least to the position of rival claimants to the things in dispute. [...] So could the decision in Lyon v. London City and Midland Bank (1903 `.) K. B. 135) having regard to the nature of the things fixed the mode of fixing and the order of the Town Council. [...] 44 Bankruptcy Act of 1883 as in the possession order or disposition of the bankrupt at the commencement of the bankruptcy in their trade or business by the consent and pemission of the true owners under such circumstances that they are the reputed owners thereof. [...] And upon the evidence the Court was satifieel that this was not a case in which the true owners of the goods by their unconscientious coduct or ladies" had acquiesced in the bankrupts so dealing with the goods as to allow them to hold themselves out as the owners of the goods or induce customers to presume such ownership.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday September 19 1904
cccxxix-cccxxxvi unknown view

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