cover image: The Calcutta Weekly Notes  Monday  July 19  1937

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The Calcutta Weekly Notes Monday July 19 1937

1937

A forcible argument in favour of the rtention of appeals to the Privy Council is furnished by the judgment of Lord Maugham in the case of The Secretary of State for India in Council v. The Midnapore Zentidary Co.. [...] It is also an illustration of the fact we have often pointed out namely the ulifting effect of the presence of one of the Lords of Appeal on the tone expression and intellectual level of a judgment. [...] We are however surprised that the attetion of the authorities has not yet been directed to the appalling condition of the northern corridor of the ground floor and the eastern wing of the main stair-case. [...] The Defendant Company contended that the uttra Court had no jurisdiction on the ground inter alia that no part of the cause of action arose there—the argument being that the burglary was not a part of the cause of action but gave rise to the cause of action which was the non-payment of the money. [...] If a substantive relief is claimed though clothed in the garb of a declaratory decree with a consequential relief the Court is entitled to see what is the real nature of the relief and if satisfied that it is not a mere consequential relief but a substantive relief it can demand the proper Courfee on that relief irrespective of the arbitrary valuation put by the Plaintiff in the plaint on th
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday July 19 1937
cxxxiii-cxxxvi unknown view

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