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  May 24  1915

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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 May 24 1915

1915

The Court must be invited to hold that the case found true at the former trial is false on the ground that the Court at the forMer trial should have disbelieved the evidence in support of the case it found true and believed that. [...] He then says that in 1872 a verbal agreement was made between all the proprietors concerned by which a regular channel was made by mearis of drains gutters; and pipes which took the water from the lands of the Respondents incluing the water coming from the high road across the lands of the Respondents and other proprietors down to the Bay of Port Soif. [...] The course of the waters thereafter was by a drain on the Appellant's land which passed along the old dyke which was the boundary between the properties and then coming through the dyke entered a pipe and gutter in the lands of the Respondents. [...] The action Was disposed of without any equiry into the merits by the Court on the ground that by the law of Guernsey a contract which is to have a binding effect as regards land in the hands of a successor in the land must be regitered and that inasmuch as the agreement was only verbal all cause of action was gone. [...] Lord Dunedin delivering their Lordships' judgment observed as follows :- ` The true cause of action is not the agreement of 1872 it is the natural right of a superior proprietor to call on the inferior prprietor to receive the water that naturally flows frem the higher to the lower level.
law
Pages
4
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 May 24 1915
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