cover image: The Calcutta Weekly Notes  Monday  August 24  1942

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The Calcutta Weekly Notes Monday August 24 1942

1942

We are informed that those of the elder members of the Bar who lead the profesion on the Appellate Side are extremely particular in observing the rule of etiquette and are never found to ignore the convenence of the other side even though it may be represented by the juniormost Advcate. [...] The basis of our observations was the following passage in the judgment in the case of Indra Sekhar v. Bidhumukhi 46 C. W. N. 915: “I accordingly hold that the Court has power to order the payment of interest for the period in dispute. [...] Speaking for myself I should allow interest for the period at six per cent per annum less any profit derived by the decree-holder from property taken in execution of the decree subject; ct to the provision of the Bengal Money-Lenders Act that the total interest paid is not to exceed the principal” The “period in dispute” in the above passage refers to the period between the 107cviii THE CALCUT [...] If the lender obtained some property of the borrower in the course of recovering his debt and derived from it tangible benefits in the shape of the usufruct it is but just and proper that when the matter is re-opened the interest to be alloed to the lender should be adjusted roughly to the circumstances of the case. [...] 421 of the Criminal Procedure Code it is not in the power of the Court or in the power of the Appellant to allow the appeal to be withdrawn.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday August 24 1942
cvii-cviii unknown view

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