cover image: The Calcutta Weekly Notes. Monday  March 27  1939

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The Calcutta Weekly Notes. Monday March 27 1939

1939

When the question is not between man and man but between the subject and the State it is impossible to see how the Judge can escape subordination to the political theories embodied in the consttution; and even when the question is beween man and man and the matter is prvided for in the law of the country in a form which does not admit of extension qualfication or dilution the Judge [...] The whole subject of under-valation and deficit court-fees recently received the attention of the Legislature and the amendments made of the Court Fees Act have in no way abrogated the welestablised rule that after the disposal of a case the Court has no power to demand payment of further court-fees. [...] If an appeal is preferred then the Appellate Court may make a dmand whether the fee be payable in the trial Court or for the appeal and if it is not paid the Court can only dismiss the suit if the party liable to pay is the Appellant. [...] Of late the presiding officer intimates that in case of default the Collector of the District should be asked to initiate certificate prceedings against the party for recovery of the money-value of the court-fee found short. [...] The clause has no application to a case when the loss of income complained of is the loss of the income of the property itself which is being acquired.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday March 27 1939
lxxvii-lxxx unknown view

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