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 December 8 1902

The Court granted a decree to the Plaintiff on the terms of the contract holding that having regard to the relations between the parties and the circumstances in which the Deferalant undertook the obligation the stipulation as to payment of interest was not exorbitant and was not by way of penalty. [...] On the brotl4er suing the son and the executors of the deceased's estate for balances still remaining unpaid at the date of the stfit and for aministration of the estate it was objected that the amount directed to be paid under the Will was not a 18Vol. [...] Tile auctioneer writing the Defendant llePoper's name in the sale catalogue as regards the first lot and beneath it as regards the second lot put do.' for ditto.' The Defendant's argument was “do.” alone was not sufficient to satisfy the terms of the above statute but the learned Judge held that the contract had been duly signed by the agent of the party in accordance with the statute. [...] The lower Appellate Court further held that the deposition of the two nephews of the Plaintiff disclaiming interest in the land subsequent to the institution of the suit could not confer full title to the Plaintiff. [...] That the depositions of the Plaintiff's two nephews amounted to a graft deal more than a disclaimer of interest in the land subsequent to the institution of the suit and that they were evidence bearing upon the point and the lower Court having taken a clearly erroneous view of the evidence the errneon% view involved an error of law or in other words the lower Appellate Court having omitted