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  May 12  1941

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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 May 12 1941

1941

The Communique explaining the “ circustances necessitating the promulgation of the Ordinance ” points out correctly that unless legislative measures were taken imediately to alter the position created by the judgment of the High Court there would be serious dislocation in the managment of many estates and the object of the Legislature in enacting sec. [...] 168A Bengal Tenancy Act as amended on the 9th January 1941 'which will enlighten the members of the Bench and the Bar as to the real import of the setion. [...] The question in each case therefore is whether the injury which is the basis of the grievance of the aggrieved party is itself " continuing " or whether the injury was complete when it was committed but the damage flowing from it has continued or is continuing. [...] 23 of the Limitation Act and the cause of action arises de die in diem; if the latter the terminus a quo is the date on which the wrongful act was done. [...] The act of the Defendants in constructing the Chabutra on the common land and their appropriaing it to their exclusive use amounted to a complete dispossession and ouster of the Plaintiffs and the other mahalladars.
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 May 12 1941
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