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 April 6 1903

The Court of Appeal in their judgment after referring to the case of the Mercurius (Edward's Admiralty Reports 53) say that the course the Dfendants adopted in carrying enemies' goods without the knowledge and consent of the other shippers was a breach of duty towards them and was in effect to court detention even if they had a well founded hope of being'able to give such explanations to the au [...] 25 of above Act that the soil of the road and roadside was part of the common and was vested in the Crown. [...] 25 ; to the maps as pointing teethe fact that the cattle were straying within the perambulation of the forest over which the Appellant was a commoner ; the Justices had proceeded on the basis that the facts however strong would not rebut what they had described as the presumption of lwv that the soil of the highway was vested in the owners of the adjoining land ; they were evidently not aware of [...] The suit was brought by the Plaintiff for a declaration that an assignment of certain property by his father to the Defendant alleged on the face of the document to be for valuable consideration was really only a fictitious transaction entered into at the suggestion of the Defendant in order to save the property from being taken in execution by one Babu Loke Nath Surma and others who held d [...] Upon reading the plaint and the judment their Lordships think that there are questions of law which cannot be properly disposed of until facts are ascertained the case must therefore go to trial in the ordinary way the orders of the Subordinate Judge and of the High Court will be discharged and case remanded.