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    <title>1939 (5) TMI 13 - FEDERAL COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=276421</link>
    <description>An execution order dismissing an appeal from a valuation direction was treated as a final order because it finally affected the judgment-debtor&#039;s substantive right to have only sufficient property sold and to avoid sale below the court&#039;s valuation. The court also held that sections 13 and 14 of the Bihar Moneylenders (Regulation of Transactions) Act, 1939 were severable: the valuation requirement did not directly conflict with Order 21, Rule 66 CPC because the estimate could be communicated without being inserted in the sale proclamation. As the 1939 Act had received assent and was in force during the appeal, the appellate court applied the later law and granted relief under it.</description>
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    <pubDate>Thu, 11 May 1939 00:00:00 +0530</pubDate>
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      <title>1939 (5) TMI 13 - FEDERAL COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=276421</link>
      <description>An execution order dismissing an appeal from a valuation direction was treated as a final order because it finally affected the judgment-debtor&#039;s substantive right to have only sufficient property sold and to avoid sale below the court&#039;s valuation. The court also held that sections 13 and 14 of the Bihar Moneylenders (Regulation of Transactions) Act, 1939 were severable: the valuation requirement did not directly conflict with Order 21, Rule 66 CPC because the estimate could be communicated without being inserted in the sale proclamation. As the 1939 Act had received assent and was in force during the appeal, the appellate court applied the later law and granted relief under it.</description>
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      <pubDate>Thu, 11 May 1939 00:00:00 +0530</pubDate>
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