cover image: The Calcutta Weekly Notes. Monday  June 14  1937

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The Calcutta Weekly Notes. Monday June 14 1937

1937

The Court to which the notice was given stayed the proceedings relating to the realisation of the balance of the decretal dues but refused to do so in respect of the proceeding relating to the delivery of possession. [...] That such protectJon was the intention of the Legislture is clear from the language and the scheme of the two sections discussed in the judgment. [...] No doubt the change relates to the " intent " for which the girl is obtained possession of but the nature and extent of the possession and the method of obtaining thereof have intimate relation to the " intent." A glance at the earlier decisions will show that they attemped to interpret what was meant by " obtaiing possession " with special reference to the "intent" namely " prostitution. [...] In view of the iportance of the question and the conflicting decisions of the different High Courts it is extremely desirable that the Legislature should put its own interpretation by means of an Explanation. [...] (ii) That in the circumstance of the case time was of essence of the contract and therfore the Court had no jurisdiction to extend the time.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday June 14 1937
cxiii-cxvi unknown view

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