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 26 1909

Amongst them the separation of the Excutive and Judicial Functions the retention or otherwise of coercive measures of legislation in the Statute books are all matters in which the advice of the Chief Justice will be very helpful to the Government of India and the Secretary of State. [...] Had the suit been instituted before the father's debt the Respondent might have been in a stronger position but it is unnecessary to discuss this aspect of the case the suit having been instituted after the father's death." THE ABOVE OBSERVATIONS OF THE PUNJAB CHIEF Court remind us of a complaint which is frequently made not without reason that the opinion of the Courts of law in India on que [...] elxiii SIDE BY SIDE WITH THE ABOVE RULE WHICH HAS been utilized by the High Courts in Thdia with the approval of the Privy Council to break in upon the absolute inalienability (in the absence of family necessity) of joint family property to which a strict adhititince to the Mitakshara theory of the joint family wooed have inevitably led them is the rule which the Courts in India have never hes [...] Now remembering the object of all property legislation by our jurists to be the maintenance of the social order intact by maintaining the integrity of the family and also the fact of the anomalous position of women it is easy to see that all these rules and restrictions have reference to the supposed intellectual incapacity of the woman and her natural tutelage to men. [...] The defence was that the Defendants borrowed the money from a money-lending firm which consisted of the Plaintiff's father and his uncle that this firm was in the benami of the Plaintiff and that the Plaintiff had no right or ownership in the money borrowed under the mortgage bond.