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  October 13  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 October 13 1941

1941

The result in the case at least of the Bengal Non-Agricultural Tenancy (Teporary Provisions) Act was of an intriguing character—for the Act has a life of only two years and since the question raised is that the Act is ultra vires time which was the essence of the relief sought was floing fast away. [...] The real question which one has to cosider can best be expressed in the form of enquiry whether for the purpose of the purchase in question the mortgagee puchaser must in the circumstances of the particular transaction be taken to have had recourse to any part of the mortgage money as part of the consideration for the purchase. [...] What has to be looked at is whether in seling the equity of redemption and thereby vesting in the mortgagee the whole unecumbered interest in the propertyi the caculation of the purchase price takes into account the value of that interest which the mortgage already has vested in him viz. [...] When a Company is sought to be wound up on the ground that it is just and equivble to do so the general principle is that the decisive question is whether at the date of the presentation of the petition there is any reasonable hope that the object of trading at a profit is attainable. [...] It is not the function of the Court to dtermine the question of the prospects of the Company in future on its own views as to probable success or failure but to form the best opinion it can upon the evidence given by persons with a practical knowledge of the trade in question and the local condtions where these affect the matter.
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 October 13 1941
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