cover image: The Calcutta Weekly Notes  July 17  1950

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The Calcutta Weekly Notes July 17 1950

1950

There is indeed no such thing as the “ Constitution Act.” The Constitution of the United States of America to use its own words (Article VI Paragraph 2) is “ the supreme law of the land.” Laws of the United States in oder to be binding “ shall be made in pusuance thereof.” Its famous preamble states: “ We the people of the Unied States in order to form a more perfect union establ [...] The question was whether a sale in execution of a rent decree passed the tenancy or merely the right title and interest of the judgmendebtors when the interest of some of the tenants had passed by an execution sale to another person after"the landlord had otained a decree for rent against the old teants but in course of execution proceedings the landlord did not implead the purchaser a [...] In the present case the argument on bhalf of the Defendants landlords was that the charge created by the decree enured in favour of the landlord against the tenure or holding and not against the tenant. [...] So that the cessation of the tenant's interest after the passing of the decree was immatrial and did not prevent the decree from being a rent decree and the consequent sale from being a rent sale. [...] The money-lending transaction of the assessee under which money ras advanced to a resident in an Indian State and interest was received there could be deemed to be a part of the business within the meaning of Proviso 3 to sec 5 of the Excess Profits (Second Amendment) Act 1941—the part of the business must be such as is capable of earning a portion of the profits and that in an Indian State.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes July 17 1950
cxxxv-cxxxviii unknown view

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