The All India Reporter 1929 - Journal Section Containing Short Notes and Comments Original Articles Critical Notes Reviews of Books Etc. Citation: A.I.R. 1929 Journal

In view of the interesting questions raised recently by the ministers of the Irish Free State about the binding character of a judgment of the Privy Council regarding the payments clue to some Irish Civil Servants the position and authority of Colonial Supreme Courts and the appellate jurisdiction of the Judicial Committee of the Privy Council will be examined at an early date from a constitutiona [...] And in view of the political aspirations of India and the form in which the question of the final authority of the Sup- reme Court is raised in the Colonies the Irish Free State and South Africa in particular it will be found impossible to postpone any longer the consider- ation of the issue of the establishment of a Supreme Court for India. [...] It is not uncommon to find a general feeling both among the members of the Bar and the subordinate judiciary that in a simple mortgage suit in any event the mortgagee—plaintiff has no right to obtain the appointment of a receiver to take charge of the mortgaged properties so as to safeguard the profits arising therefrom for the benefit of the plaintiff. [...] In the first place in the earlier English law where the mortgagee had the legal estate he had the right to obtain immediate—pos— session of the properties and the earlier English cases therefore held that since the mortgagee had the wider remedy of obtaining immediate possession the Court should not help him in dispossessing the defendant—mortgagor by the appointment of a receiver to safeguard the [...] In mortgage suits where by the sale of the properties the whole of the amount due to the mortgagees cannot be realized the mortgagors often try the expedient of remaining on the mortgage property as long as possible and appropriate to them- selves the profits arising therefrom with- out any opportunity to the mcWagees to recover the same from them in execution of any personal decree that may be ob