cover image: The Calcutta Weekly Notes  Monday  August 17  1942

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The Calcutta Weekly Notes Monday August 17 1942

1942

They are not the King’s Courts but the Courts of another Power staffed by Judges who are not British Judges and yet owing their origin TO the authority of the British Parliament which is irreconcilable with the sovereignty of the other Power concerned and funtioning on British soil which is irreconciable with the Sovereignty of England. [...] It cocorned the interest for the period between the date of the re-opened decree and the new decree. [...] With great respect it appears to us that when the Court re-opens the old decree and passes a new one the suit must be deemed to have been revived and the date when the decree is passed must be the date of the new decree. [...] The interest for the decree which is then the only decree for the period between the old and the new decrees is therefore not post-decreinterest but iterest pendente lite. [...] 182 the date of the judgment should be taken to be the date of the decree and the matter having been finally adjudicated on 6th January 1:;36 that date must he taken to be the date of the decree and the application for execu1 ion would be barred: Held also—That the application for assessment of court-fee and for preparation of the final decree was not a step in aid of execution.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday August 17 1942
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