cover image: The Calcutta Law Journal  September 16  1930

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The Calcutta Law Journal September 16 1930

1930

The first part speaks of the period of limitation to be applied and the second part deals with the applicability of the provisions contained in the body of the Act. [...] If the view I have adopted as regards the interpretation of section 29 of the Indian Limitation Act and the effect of the combined opertion of Sub-sections (I) and (3) ot section 174 of the Bengal Tenancy Act be correct the obvious inference would be that section 18 of the Indian Limitation Act does not apply to an application for the setting aside of a rent sale under section 174 (3) of the B [...] It may be urged that if section IS of the Limitation Act does not apply S2ction 4 of the same Act will not apply on the same reasoning and if the last day of six months from the date of the sale be a holiday the applicant for the setting aside of sale under section 174 Clause (3) of the Bengal Tenancy Act will not be entitled to present the application on the next opening day. [...] Though the provisions ratting to the sale of goods originally contained in Chapter VII of the Itntian Contract Act have been taken out of that statute and re-enacted with certain modifictions in the present Sale of Goods Act (III of 193o) still the law relating to sale of goods may be regarded as an integral part of the law of contract ; therefore the idea of publishing the two Acts together [...] Fer Mukerji J.—The date of the award mentioned in clause (b) Sub-section (2) of section 18 is the date of the filing of the award in the Collector’ cfiice under section Per Viamat-ullah J.—The date of the award is the date of the formal declaration made by the Collector of the amount of compensation and of the person entitled to it.
law
Pages
14
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal
47-60 Ashutosh Mukerji, Ramendra Majumdar view

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