cover image: The Calcutta Law Journal  Short Notes of Cases  Articles & Other Matters  January 16  1913

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The Calcutta Law Journal Short Notes of Cases Articles & Other Matters January 16 1913

1913

The stamp used for the plaint in the City Civil Court was cancelled under section 3o of the Court-fees Act and the plaint was re-presented to the Presidency Small Cause Court with the cancelled stamp and an additional stamp to make up the deficiency in the Court-fee required for the plaint in that Court under section 75 of the Presidency Small Cause Courts Act. [...] In the present case their Lordships of the Madras High Court make an attempt to explain and reconcile the several conflicting decisions by reference to what they consider to be the correct principle viz that the interest in immovable property which is affected by adverse possession is the interest and that interest only which the person who was entitled to immediate possession at the time the a [...] If on the other hand the person transfers a part of his interest while still in possession the transferee will not be affected by the subsequent possession of a third party unless under his transfer the transferee is entitled to possession of the property. [...] The decision of the House of Lords in this case (reversing that of the Court of Appeal) establishes the proposition that a principal is liable for the fraud of his agent whether the fraud is committed for the benefit of the principal or for the benefit of the firm The action was one for damages and other relief against a firm of solicitors for the fraud of their managing clerk. [...] Tne only difference said his Lordship (and the other Law Lords all concurred with him) between the case where the principal receives the benefit of the fraud and the case where he does not is that in the latter case the principal is liable for the wrong done to the person defrauded by his agent acting within the scope of his agency ; in the former case he is liable on that ground and also on
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Jouranal
7-14 Hara Chatterjee view

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