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 the English Law Courts Monday September 23 1901

If a trial by a jury is vitiated by misdirection or illegalities can the Appellate Court cancel the misdirection or sift the illegalities from the records and by reference to the rest maintain alter or modify the verdict Of the jury ? The present Lord Chancellor who is a great advocate of the jury system of trial says that a Court cannot. [...] The wording. of the clause does not seeto warrant the vieW of Arneer Ali J. that once the case is before the.Appellate Court the Court is competent _ to determine the case on the facts on record. [...] Thereupon the Plaintiff preferred this present appeal and the only question that arose in this appeal was " whether the sale of a tenure in eecution of a decree for rent obtained by certain persons who did not constitute the entire body of landlords at the date of the suit and of the decree and who were not the entire body of landlovis also at the date at which part Of the claim for which th [...] part of the decree as it is impossible to divide the properties sold into two pang one covered by the sale in satisfaction of one part of the claim and the other covered by the sale in satisfaction of the other part the whole sale must be held to have been - a sale under the ordinary law that is the Code of Civil Procedure and not carrying with it the incdents of a sale under the Bengal T [...] That if at the time the suit was brought and decree obtained and enforced by the sale of the tenure the decree-holders did not constitute the entire body of landlords the sale could not be treated as a sale of the tenure in execution of a rent-decree under the Bengal Tenancy Act.