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 short notes of important decisions of other High Courts in India  Monday  September 16  1935

Premium

20.500.12592/2p8v1w

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 short notes of important decisions of other High Courts in India Monday September 16 1935

1935

One partner has no authority to refer to arbitration a suit to which the firm is a party and therefore the attorney receiing his instructions from one uartner had no authority to agree to arbitraion on bhalf of the other and so he was in the same position as the client’s agent in the present case that is to say he was an agent without authority. [...] As between the client and the other party it is now laid down that if the former has in fact withdrawn or retricted his Counsel’s authority Courts will not feel bound to give the other party the benefit of ostensible authority and uphold a compromise contrary to the restriction even though the lack of authority may not be known to the latter. [...] The language of the Form does not warrant that interpretation bcause the decree-holder is there referred to as " the Plaintiff " and the judgment-debtor is referred to throughout as " the said— " a space being left blank for the insertion of his name. [...] 159 of the Evidence Act while giving evidence before the Sessions Court: Held (YOUNG C. J. and SALT J.)—That the oral confession was admissible in evdence; the amount of weight to be attached to such an oral confession must be detemined by the fact of each particular case and will depend on the extent to which the oral confession is corroborated in material particulars by independent evide [...] 12 of the Limitation Act does not apply in the case of a Letters Patent Appeal and consequently the time taken for obtaining a copy of the judgment which need not be filed cannot be excluded in computing the period of limitation.
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 short notes of important decisions of other High Courts in India Monday September 16 1935
clxix-clxxii unknown view

Related Topics

All