The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday February 6 1905

The learned Judge said the liability of the members of the English Company the Copper King ( Limited) is expressly stated by its Memorandum of Association to be limited that is limited under and according to the provisions of the English law which precribes and defines the liability of the shareholders. [...] The Court made the following order :— SALE J.-1 think I must follow the ruling of Henderson J ; quoted to me and adopt the practice which seems to be that the Defendant may at any stage of the case apply to have the case transferred from the general list of commercial causes to the general list of causes on the ground that the transaction is not a commercial transaction. [...] The Court held that the suit was not barred by limitation (vide 6 C. W. N. 702) and that it was not necessary to register the usufructuary morgage but that after the execution of the kabala in favour of Lakshmi Kanta the Plaintiffs had no title to the holding and so the usufructuary mortgage which they purported to grant in favour of the Defendants was a nullity. [...] The Plaintiff appealed to the Subordinate Judge who reversed the judgment and the decree of the Munsif and granted a decree for khas possession to the Plaintiff. [...] Babu Digamhar Chatterjee for the Appellants contended that the notice was not legally valid The application for the issue of the notice was not made to the Collector as appeared from the order-sheet of the Collector and the notice also was not served by the order of the Collector.