cover image: The Calcutta Weekly Notes. Monday  May 7  1934

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The Calcutta Weekly Notes. Monday May 7 1934

1934

C. Ghose delivering the judgment observeThe rule appears to mean that the Court shall give effect to the agreement or comprmise when the parties in an open Court agree to the same. [...] If one party states that he compromised' the matter out of Court and the other party denies the same it is in our opinion not the duty of the Court to stay the suit and to proceed to hear evidence on the first issue whether the parties out of Court had made a lawful agreement or not. [...] If that were permitted the law's delay which is already excessive would be enormously increased." The question whether when one party sets up a compromise and the other party denies the same the Court has power to investigate into the truth or otherwise of the allegation arose for decision in a number of cases under the Civil Procedure Code of 1882; and it was derided by a Full Bench of the C [...] The words of the section however are: where the whole or any part of the fee. has not been paid." If the leared editor had not overlooked the case it would be interesting to have his views on the decision. [...] A robkar was issued by the senior Sue ordinate Judge of L to the Subordinate Judge of G to the effect that in cases where judgment-debtors were brought before that officer under arrest in execution of decrees pending in any other Court he could release the judgment-debtor on attesting the secrity bond for appearance of the judgmendebtor in the proper Court on the date fixed.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday May 7 1934
ci-civ unknown view

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