cover image: The Calcutta Weekly Notes. Monday  February 6  1939

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The Calcutta Weekly Notes. Monday February 6 1939

1939

Department shall serve a notice on the Advocate -for the Appellant informing him of the arrival of the record and calling upon him to file before the expiry of 30 days from the date of receipt of such notice two copies of the Paper-Book for the use of the Court accompanied by a sufficient number of copies for service on all the appearing Respondents and upon the Deputy Registrar of the Court [...] Lastly comes Rule 45 which lays down that in fixing the date for the hearing of the appeal the Deputy Registrar shall fix the 21st day after the day fixed for the service of the notice of apeal on the Respondent for whom the longest period is allowed under the rules. [...] It will be seen from the above summary of the rules that if Rule 31 be complied with strictly and the records called for and received within seven days of the admission of the appeal the period of 30 days allowed to the Appellant's Advocate for filing the Paper-Books will expire much earlier than the date fixed for the entering of appearance by the Respondents. [...] In view of the above difficulties we sugest that a proviso be added to Rule 59 laing down that the notice with regard o the filing of the Paper-Books shall be served on the Advocate for the Appellant after the epiry of the date fixed for the entering of apearance by the Respondents. [...] When such jurisdiction has arisen the Colector has power to hold sales and another person vested with the powers of the Collector is vested with this power i e the resultant authority which l'as already accrued in favour of the Collector For the foundation of the power reference must bf made not to the status of the person who is vested with the power but to the status of the Collector wh
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday February 6 1939
xlix-lii unknown view

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