Search Results Page

Search Results

1 - 9 of 9 (0.27 seconds)
Sm. Hiranmoyee Dassi And Anr. vs On Death Of Amiya Pal Choudhury His Legal ... on 7 January, 1958 cites

King-Emperor vs Rajah Probhat Chandra Baruah on 14 March, 1927

The principle of implied repeal laid down in the case of Kutner v. Phillips (B) has been accepted in a case of our High Court in the Full Beneh case of Emperor v. Provat Chandra Barua . We, therefore, hold that after the introduction of Section 5B of the West Bengal Estates Acquisition Act, 1953 in the statute book, the bar of Section 168A of the Bengal Tenancy Act would no longer stand in the way of the decree-holders respondents in the present execution case and they would be entitled to execute the decree in the ordinary way as provided in the Code of Civil Procedure.
Calcutta High Court Cites 36 - Cited by 5 - Full Document

Ahidhar Ghose vs Sm. Nisu Bala Devi on 19 November, 1957

5. Mr. Bhattacharjyya, however, raised a mew point in this Court on behalf of the appellants. His contention was that in order that a decree-holder might be entitled to proceed against other properties of the judgment-debtors in execution of a rent decree, the tenure or tenancy must expire before an application is made for execution of the decree as has been laid down in the proviso to Section 168A(1)(a) of the Bengal Tenancy Act. In order to appreciate if there is any substance in this contention of Mr. Bhuttacharjyya it is necessary to quote the whole of Sub-section (1)(a) of Section 168A with the proviso. It runs in the following terms :
Calcutta High Court Cites 8 - Cited by 1 - Full Document
1