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  July 20  1936

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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 Short Notes of Important Decisions of other High Courts in India Monday July 20 1936

1936

As stated in the preface: " The multiplication of reports within the last few years and the competition between them in reporting the largest number of cases has enormously icreased the bulk of the case-law without correspondingly shedding more light on the subject." We congratulate the author on having suceeded in reducing the bulk of the book from over 3200 pages to less than 2000 withou [...] It seems clear that the doctrine of contribution is well recognised in this country and that the only cases in which it will not be enforced are those in which a liability arises out of a joint wrong and when the equities of the case demand that the Plaintiff should not recover as for istance when the party sued was merely a fomal Defendant in the previous suit and not personally intereste [...] Two paltas and a kabuliyat between the prdecessors of the Defendants and their tenants were produced by the Defendants in which it was stated that the mauzas were rent-free : Held (AGARWALLA and VARINIA JJ.)— (i) That the statements in the pattu„s and the kabuliyats were not admissible in evdence against the Plaintiff. [...] 13 of the Evidence Act idicated that the right must be asserted to the knowledge and in the presence of the peson whose right will be affected by the estalishment of the claim. [...] The son's share does not itself vest in Rceiver on the insolvency of the father: and since the disposing power of the latter in respect of the shares of other members of the joint family is not his " property " Ach diposing power does not vest in the Receiver either and a sale by him of the son's share is without jurisdiction.
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 July 20 1936
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