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 Courts Monday December 4 1905

We invite public attention to two of the clauses of the Bill which in seeking to favour the Wards and strengthen the position of the Court of Wards seem to us to trench upon the ordinary provisions of the Law of Limitation and Evidence. [...] THE REASON FOR THE INTRODUCTION OF THESE innovations amongst us would seem to he that the clauses similar to those referred to above occur in the Central Provinces Court of Wards Act. But in the form of Government in the matter of laws and legilation in point of business social economic and commercial conditions the Presidency of Bengal and the capital of India are very differently situa [...] 94 that when a mortgagor appeals against a decree for redemption on the ground that the amount directed to be paid is in excess of the proper amount the Court-fee should be assessed on the excess amount which is sought to be deducted from the decree and not on the principal sum secured by the mortgage. [...] The said judgment of the Additional Judicial Commissioner now under consideration inter aVa states as follows :- A good deal of the argument before me prceeded oil the question as to the power of the Court to grant interest for the period subsequent to the date fixed by it for the extension of the mortgagor's right of redemption ; but as was amitted on behalf of the Appellants that ques [...] That the Defendants who are now in occupation of the land never having paid rent to the Plaintiff and never having been recogniz d by the Plaintiff as tenants of the land are not in the position of raiptts but of trespassers.