Reports of Cases Determined in the Court of Sudder Dewanny Adawlut, with Tables of the Names of the Cases and Principal Matters Volume 5

Reports of Cases Determined in the Court of Sudder Dewanny Adawlut, with Tables of the Names of the Cases and Principal Matters Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ... 5th J une, 1815, and the postponement of the sale. By direction of Mr. Sealy, this having been taken, the case on the 24th April, 1832, came on for judgment before Mr. H. Shakespear a Judge of the Court; when he confirmed the decision of the Lower Court with costs against the Appellant. Mr. Shakespear remarked that the legality of the sale must be tried by the law as it stood prior to Regulation XI. of 1822; which had not a retro-active effect. By Clause 3, Section 6 of that Regulation, it was provided that no prior sale should be annulled in the ground of " informality, or omission in the communication that may have passed between the Collector and Controlling Board." Construed according to the Persian version, this Clause regarded merely errors and omissions in such communications. The sale appeared to Mr. Shakespear, illegal and reversible on account of defects. I. The property sold as one estate consisted of many distinct Huzuri Makals, one or more of which, proportionate in value to the arrear, should have been sold under Section 13, Regulation XIV'. of 1793, and Section 2, Regulation V. of 1796. True by Section 9, Regulation I. of 1801, the Board might dispense with division of a whol-e estate: but that rule was applicable, after enquiry had shewn that the probable surplus was small. II. The property sold had been misdescribed, and the various particulars and details of which Clause 2, Section 29, Regulation VII. of 1799, and Section 9, Regulation I. of 1801, required notice and exhibition had been omitted; the consequence was a depressed sale. III. The notice of postponement was not 'served _on the Rani as required by Section 5, Regulation XVIII. of 1814;.nor could her knowledge of the postponement derived...show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236879112
  • 9781236879110