cover image: The Calcutta Weekly Notes  Law Notes of 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  December 18  1939

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The Calcutta Weekly Notes Law Notes of 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 December 18 1939

1939

26G would not apply at all That section obviously presupposes possession of the morgagee and possession of the entirety of the mortgaged properties There is no provision for splitting up the mortgage for the purpose of either extinction of the consideration or recovery of possession. [...] If the Mahommedan aquired merely the rights of the Hindu the rights would be the same in his hands and he could not dispose of the property and it could not devolve in any different way. [...] Can it be said in either of the above cases that in the hands of the tranferee the thing is the same thing as it was in the hands of the transferor? [...] If it be said in the case of the last but one illustrtion that A could have learnt the use of the machine and then the thing would be the same thing in his hands as in the hands of B so can it be said in the case of the author's illustration that the transferor Hindu could have become a Mahommedan and the incidents attaching to the property of a Mahommedan would then attach to the prperty [...] The ojection to direct recourse is based on the availability in fact of the remedy against the representative at the time..tvlien the beneficiary or the estate is sought to be prceeded against.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes of 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 December 18 1939
xvii-xx unknown view

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