• Bengal Land (Redemption and Foreclosure) Regulation 1806, Section 8 - Provision that the petition is to be presented before the concerned District Judge - The Section nowhere provides that the petition has to be presented to the District Judge in person - Presentation of the petition to the Court of the District Judge has necessarily to be through the procedure provided in law - Under Article 235 of the Constitution of India, several instructions have been issued by the High Court for streamlining the procedure in the Subordinate Courts including the Court of District judge - Thus any petition filed before the District Judge would have to be formally presented before the Superintendent, who would then have the same listed before the concerned District Judge for issuance of appropriate orders - Hukami v. Bharat Singh, (1997-1)115 P.L.R. 272 does not lay down the correct law.  (178) P.L.R.
  • Bengal Land (Redemption and Foreclosure) Regulation Act, 1806 - Redeeming a mortgage - Issue of notice - Whether there existed a notice or not would assume significance if there had been a plea therefor and an adjudication canvassed on such a plea at any stage before the courts below - A want of notice that goes to the root of the matter cannot be merely a matter for an argument without even such a plea to that  extent - If there had been an order foreclosing the rights by the order of the District Judge in the year 1961, filing a suit in the year 1981 without any reference to the invalidating of the order of the District Judge either by specific pleas in the plaint or in the replication, the plaintiff had surely something to hide. (174) P.L.R. 


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