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  January 26  1925

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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 January 26 1925

1925

Initially it was looked upon as a deferred pledge more suited to contingent liabilities as in the case of arrears of rent due from a tenant but in due course of time the hypothecatee was given the right to bring to sale the security in the event of the failure on the part of the debtor to discharge the debt. [...] The Court held that whether or not his lien was destroyed by the sale of the ship in French territory C was not entitled to any of the proceeds of the sale either at date of the sale or of his claim in the French Court." The Lordships observe at p. 333 : " Plaintiff had no right in the sale proceeds of the ship at the date of the sale or at the date of the claim made'bv him which Defendant res [...] 74 of the Indian Evidence Act includes in the definition of public documents ' documents forming the acts or record of the acts of official bodies and tribunals.' The delivery of possession in execution of a decree is undoubtedly an act of a tribunal and a report made to the Court by an officer of the Court that its order has been carried out which report is preserved as one of the Court record [...] 18 that there wont be a new @application with all the details of the case of the person aggriee% by the order of the Controller and that there should be a new writteb statement on the sartie lines and that the pftisition of the parties as Plaintiff and Defendant before the Controller 7(1 3tym ens in gh The 15th January l5?5. [...] The Munsif dimissed the suit but the lower Appellate Court decreed the suit on the grounds firstly that the present Plaintiff ''knew nothing about the ex parte case and secondity that the claim was fraudulent as the hathehitta upon which the original suit was based was made out in the absence of the alleged exectants and was an untrue document.
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 January 26 1925
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