Coherent Identifier About this item: 20.500.12592/35n1vv

The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of Other High Courts in India Monday September 1 1941

1941

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Summary

107 (1) of Government of India Act 1935 says that if any provision of a Prvincial law is repugnant to any provision of an existing Indian law with respect to one of the matters enumerated in the Cocurrent Legislative List then subject to the provisions of this section the existing Idian law shall prevail and the Provincial law shall to the extent of the repugnancy be void. [...] (2) of this section we find that where a Provincial law with respect to one of the matters enumerated in the Concurrent Legislative List contains any provisions rpugnant to the provisions of an existing Indian law with respect to that matter then if the Provincial law has received the assent of the Governor-General the. Prvincial law shall in the province prevail. [...] 168A of the Bengal Tenancy Amendment Act 1940 prohibits the execution of a decree as against the property of the judgment-debtor other than the tenancy in arrear. [...] 51 (b) of the Civil Procedure Code falling in the Cocurrent Legislative List in the seventh Schedule to the Government of India Act 1935 and not having received the assent of the Governor-General as required by sec. [...] If the whole of the price has been paid to the vendor the attaching creditor’s only right would seem to be to attach the money in the hands of the vendor if he can.

Tags

law

Pages
4
SARF Document ID
sarf.100104

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