cover image: The Calcutta Weekly Notes  Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  June 9  1924

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The Calcutta Weekly Notes Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday June 9 1924

1924

Objection to the competency of the Court was taken by the Defendant on the ground that the amount actually due on the bond would upon adjudication be found to be above Rs. [...] He The Plaintiff appealed and the lower Apellate Court was of opinion that the valation for jurisdiction should follow that for purposes of court-fees and so without going into the question of what amount was actuall3t due to the Defendant on the bond the said Court remanded the case for trial to the Munsif. [...] 1 000 and taking the very logical course of remitting the case to the Munsif for finding again on the same or perhaps fresh evidence what amount was due on the bond for the purpose of passing a decree in the suit and the further possibility of that Court fining again on the merits that the amount due was above Rs. [...] It might no doubt he argued with reason that on the question of valuation for purposes of jurisdiction the decision of the Appellate Court would be final so that the trial Court would have jurisdiction to dispose of the case on the merits and having jurisdiction to decide on the evidence his decision that the amount actually due was over Rs. [...] had been put before the Division Bench at the hearing of the case they would have held that for determining such questions as the court-fee payable or the jurisdiction of the Mart to entertain a suit regard can be had Fo anything except the allegations in the plaint.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday June 9 1924
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