cover image: The Calcutta Weekly Notes  Dacca Reports  1950-51  to be Cited as 55 C.W.N. [3 D.R.]

Premium

20.500.12592/tv7chc

The Calcutta Weekly Notes Dacca Reports 1950-51 to be Cited as 55 C.W.N. [3 D.R.]

1951

Their Lordships are of opinion that the case falls within the language of Rule 90 and that however dilatory and unsatisfactory the conduct of the Appellant may have been he has not on the facts found debarred hiself of the right to have the sale set aside." These were the circumstances in which their Lordships of the Judicial Committee set aside the sale in the case. [...] It is thus seen that the sale was set aside largely on the ground of the wrong valuation given in the sale proclamation for which the learned Judge in the High Court found the cause to be carelessness of the Court in making the sale by the Court. [...] But in my view the existence of the proviso relieving the Court of the necessity of giving any figure will not necessarily have the consequence of relieving the Court of a charge of carlessness if it chooses to go out of its way and give a figure of its own which is wholly unjustified by the real value of the property. [...] As to the general principle if gross carlessness has been shown by the Court in the preparation of the sale proclamation or the conduct of the sale in a matter which goes to the root of the sale I would agree with respect with the conclusion of the learned Judge in. [...] In the circumstances of the case I am not satisfied that the evidence bearing on fraud in regard to the non-service of the concise statement has been properly cosidered by the learned Subordinate Judge in a manner justifying a reversal of the decision of the learned I1unsif who also had the advanatge of seeing the witnesses.
law
Pages
183
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
Frontmatter
i-iv unknown view
The Dacca Reports [Vol.III]. Reports
1-176 unknown view

Related Topics

All