cover image: The Calcutta Weekly Notes. Monday  November 28  1938

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The Calcutta Weekly Notes. Monday November 28 1938

1938

Those being the principles and the practice Counsel having to decide whether they would give a certficate in a particular case must see whether anything has happened which has " depried the Accused of the substance of a fair trial and the protection of the law or which in general tends to divert the due and orderly administration of the law into a new course. [...] It places at the hands of the profesion the up-to-date text of the Act with the amendments fully worked out ; and it prunes off the vast mass of obsolete case-law still clinging round in the sections in bigger edtions of the Apt. [...] 1 filed an objection laying claim to the property sought to be attached Aid sold on the strength of the certificate and it was ordered that the sale in execution of the money decree would be held subject to the charge under the certificate. [...] A money decree of this kind may properly be given in a case where owing to the existence of a dispute rgarding the real area of the tenancy the landlord has in the description given in the plaint omitted to mention certain plots which formed part of the tenant's holding. [...] If the finding in a suit is that the tenant has been ejected from a portion of his holing the tenant would be entitled to suspesion of rent until the whole of his holding is restored to him; but when the finding is that the tenant is in possession of the area which he claims and there has been no ejectment by the landlord the landlord ought not to be deprived of the whole of the rent which
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday November 28 1938
xiii-xvi unknown view

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