Full Bench Rulings of the High Court At Fort William, From Its Institution in 1862 to the Commencement of the Bengal Law Reports
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If we read tlie first part of s. 21 literally, and the words "may be issued" in b. 21 as "must be issued," there will be this difficulty, that, unless the actual warrant of execution is issued within the period allowed by the old law, or within three years from the time of the passinf of Act XIV of 1859, no process of execution can be issued upon a decree obtained before the passing of Act XIV of 1859, however active and diligent the execution-creditor may have been in endeavouring to enforce e...xecution. The proper conslruciion of the two sections taken together appears to the Court to be this, that the words coming after the word "but" in s. 21 were intended aa a proviso to 9. 20 ; and by this construction all the difficulties are got rid of. The two sections read FULL BENCH RULINGS. 713 together thus will be to this eflfect, that no process of execution shall iggy Issue upon any judgment more than three years old, unless some proceed- kangalke ing shall have been taken to enforce it or to keep it in force within three Chuhn Ghosal years next preceding the application for execution ; provided that process v.
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You can find similar books in the "Read Also" column, or choose other free books by India. High Court (Calcutta, India). Appellate Side to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
If we read tlie first part of s. 21 literally, and the words "may be issued" in b. 21 as "must be issued," there will be this difficulty, that, unless the actual warrant of execution is issued within the period allowed by the old law, or within three years from the time of the passinf of Act XIV of 1859, no process of execution can be issued upon a decree obtained before the passing of Act XIV of 1859, however active and diligent the execution-creditor may have been in endeavouring to enforce e...xecution. The proper conslruciion of the two sections taken together appears to the Court to be this, that the words coming after the word "but" in s. 21 were intended aa a proviso to 9. 20 ; and by this construction all the difficulties are got rid of. The two sections read FULL BENCH RULINGS. 713 together thus will be to this eflfect, that no process of execution shall iggy Issue upon any judgment more than three years old, unless some proceed- kangalke ing shall have been taken to enforce it or to keep it in force within three Chuhn Ghosal years next preceding the application for execution ; provided that process v.
What to read after Full Bench Rulings of the High Court At Fort William, From Its Institution in 1862 to the Commencement of the Bengal Law Reports?
You can find similar books in the "Read Also" column, or choose other free books by India. High Court (Calcutta, India). Appellate Side to read onlineMoreLess
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