cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and other Matters  1st April  1905

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The Calcutta Law Journal Short Notes of Cases Articles and other Matters 1st April 1905

1905

129 of the Act of 1871 in the three essential elements of the description of the suit the period provided and the starting point for limitation still the alteration in language has not effected any change in the law so far as regards the nature of the suits that come within the operation of the article or in other words that the alteration in the description of the suit has left the meaning un [...] He sued to recover damages on the ground that the explosion was due to the fault of the Company who denied liability alleging that the mishap was caused by the negligence of the plaintiff himself The jury found that the explosion was due to the neglect of the Copany in supplying suitable machinery and taking proper precautions. [...] 283 of the Code of Civil _Procedure both for the purposes of determining the jurilkiction of the Court as also of levying the amount of Court fees where the sole questiOn between the parties to the suit is whether the property attached in execution of a decree is or is not liable to be attached and sold ? Is it the amount of the decree sought to be recovered by the execution sale or the value *o [...] It is thus put by Banerjett J. : " The value of the subject-matter where the amount of the decree is less than the value of the attached property is the amount of the decree " or to be more precise the amount sought to be recovered in execution and where " the amount of the decree exceeds the value of the property sought to be sold the value of the suit is the.value Wells v. Joyce [1905] 2 [...] subject to the payment of quit-rent and the performance of ghatwali services; and where it is shown that-at the Permanent Settlement the lands comprised in the-tenure were included in the mal lands of the Zemindary and were assessed upon the footing that the amount of revenue to be paid therefor by the Zemindar was equal to the amount of rent payable to him by the holders of the tenure the infer
law
Pages
12
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal
31-42 Jnanendra Bose, Priya Sen view

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