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 5  1938

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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 September 5 1938

1938

But the application was most probably allowed ex parte and the decree-holder Loan Copany fortunately got rid of the bar of limtation the same not having been brought to the notice of the Court. [...] 8 (i) (c) of that section deals only with the rent fallen due between the institution of the suit and the confirmation of the sale and since the application of the Opposite Party was not for that rent but f r a share of the salproceeds which he desired to be brought back into the Court for re-distribution obviously in proportion of the decrees his application was clearly one under clause (b) [...] chili may be one of them only It follows that when a dcree is put into the execution at the instance of one of the decree-holders it must be the whole decree and the Court must distribute the sale-proceeds rateably whther the non-applicant decree-holders join in the aplication or not and whether or not they make applcations of their own on receiving the notice metioned in sub-sec. [...] [On the facts stated by the correspondent and also under the Scheduled Districts Act Act X of 1859 would not seem to apply to the area to which the correspondent refers.—Eo. [...] 190 (b) but before the hearing of the case the prosection was withdrawn : Held (BAGULEY J.)—That proceedings had been initiated and although no witnesses had been examined the enquiry must be held to have begun and when the prosecution was withdrawn the proceedings terminated finally in the discharge of the accused.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
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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 September 5 1938
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