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 3  1927

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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 3 1927

1927

In the following October there was a schedule of five questions which were put to the Chief Justice by the King apparently on the suggestion of Bacon and the SolicitoGeneral Yelverton the fourth of which dmanded an explanation of the dictum in Bonham’s case that the common law will control Acts of Parliament. [...] The Appellant contends inter alia that the finding of. the District Judge on the permnency of the tenure was a question of fact which the High Court on second appeal were not entitled to assail. [...] (2) says : The incidents of this tenancy are such that a partner's right in specific partnership prperty is not assignable except in connection with the assignment of the rights of all the partners in the same property." In America also the earlier rulings indicate that an attempt was made to assimilate the partners' property rights to those of the common law joint tenants but the later rulin [...] It is sufficient to instance the seizure and salof a share in a trading partnership at the suit of a separate creditor of one of the partners."- The following therefore seem to be the icidents of partnership property :— (1) The firm holds the property as an entity. [...] The case of Harcharan Ghosh is confessedly based upon the decision of the Judicial Oommittee in the case to which-I have referred ; but all that the Judcial Committee decided is that the proceedings spoken of in sec.
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 3 1927
xxxvii-xliv unknown view

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