cover image: 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  August 7  1905

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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 August 7 1905

1905

The more we give consideration to the provisions in the Parliamentary Statutes relating to the Presdency of Fort William in Bengal the greater is the doubt in our mind as to whether it is competent for the Governor-General of India in Council.or the Secretary of State to further sub-divide the Presidency and to create a new Lieutenant-Governoship within the Presidency of Fore William in Ben [...] Had the procedure of Government admitted 15f the new province being created by an Act of the Legislature the Committee would have suggested the inclsion in the Act of a section safe-guarding the position of the Court. [...] Banerji J. seems to indicate that the mortgagor's interest in the pre-empted property having been at the date of the mortgage a defensible one the mortgagee would not be entitled to an account of the rents and profits of such property irrespective of the question of acquiescence. [...] She forthwith applied to the Commissioner to cancel the order of the 21st December 1878 which she alleged had been made pithout any notice of the proceedings to her on the 9th September 1901 the Commissioner gave effect to her application and recalled the previous girder; on the 15th April 1902 lie rheard the mat ter and upon evidence adduced on behalf of the Plaitiff and of the Defendan [...] The Plaintiff consequently commenced the action for the declaration of her title and for the recovery of possession The claim was resisted substantially on the ground that the tank was chowkidari chakran that the order for resumption made on the 21st December 1898 was right in substance and final and conclusive that the Commissioner had no jurisdiction to review his first order and that the Civ
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 August 7 1905
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