cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  March 3  1913

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 3 1913

1913

But the application in question shows that it is not or at any rate that the Government of Bombay was as anxious to have the decision the High Court reviewed by the Privy Council as the claimant in the Burma case. [...] In a suit for sale on the mortgage the question arose whether the suit was incompetent on account of the non-joinder of the other members of the family. [...] The four sons of the brother took an assignment of the mortgage from the mortgagee and subsequently brought a suit for sale of the mortgaged property against the children of the mortgagor and inasmuch as they were themselves owners of part of the mortgaged property framed their suit as one for recovery of specific shares of the morgage money from the portions of the property in the possession o [...] At the same time it should be noticed that in woikieg out the principles of Hindu and Mahomedan Law of joint ownership in detail the absence of specific rul s in the Hindu and Mahomedan systems has led to the conscious or unconscious incorpora ion of much of English Law in the law of joint ownership of India through the instrumentality of Law Courts as well as of tit ✓ Indian Legisla ures. [...] First the law of joint family perty under the Mitakshara then the law er the Dayabhaga then that under the omedan Law and then the law of nt property generally are discussed and chapter is devoted to Impartible Joint Pr/Ity and another to the Law of Limon and Procedure The treatment of the ct of Partition follows somewhat similar lines two chapters are specially devoted to the tion of
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 Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 3 1913
lxxxix-xcvi unknown view

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