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  August 11  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 August 11 1941

1941

Two things however have to be borne in mind first that for the purpose of valuing the appeal the material date is the date of the decree against which the appeal is to be made; and secondly that the value of the subject-matter of the appeal may in many cases be quite different from the value of the subject-matter of the suit. [...] In some cases the interest for the period between the date of the institution of the suit and the date of the High Court decree will be included; in others it will not. [...] If the dcree directs the Defendant to pay interest from the date of the institution of the suit to the date of the decree such interest being made part of the decretal amount then if the Defendant appeals against the whole decree the interest being a part of the dcree must be taken into consideration in determining the value of the subject-matter of the dispute in appeal. [...] In the present case the decree of the High Court did not deal specfically with the question of interest for the period after the institution of the suit. [...] As the High Court decree dclares the Plaintiff to be entitled to no sum the utmost they can claim in appeal to the Privy Council is the restoration of decree of the trial Court and so the value of the appeal cannot be more than Rs.
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 August 11 1941
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