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 July 26 1909

(b) and proviso—Enhancment —Improvement—Buden of proof.. COM THE SPEECH OF LORD ALVERSTON THE LORD Chief Justice of England at the Lord Mayor’s Dinner to the Judges at the Mansion House this year is a most emphatic protest against the ecroachment by the Executive on the province of the Judiciary. [...] He appealed not only to the Judges of England but to the Judges of the Empire and reminded them that in the past “ the Judges had stood between the Crown and the liberties of the people and had protected the people” and that tt if certain things were true that they said in the Press ” the Judges may in the future be called upon to protect the interests of the people against the Executive. [...] This Bill furnishes a specific instance of the complaint made by the Lord Chief Justice of England regarding the attempted encroachment by the Executive on the jurisdiction of Law Courts and the liberties of the people; who are as a matter of right entitled to the protection of His Majesty's Judges against the abuse of powers either by the Police or public servants. [...] Amittedly the lands or usufructs granted by the grant were impartible descending to the eldest male heirs of the grantee to be held or managed by the person to whom they descended for the maintenance of the family and that on failure of male descendants they reverted to the Raj and became the property of the Maharaja for the time being or that the interest granted then ceased to exist and th [...] The main argument on behalf of the Appellants bfore their Lordships was that every member of the family (of which the Maharaja as owner of the Raj was the head) had such an inextinguisable right to maintenance out of the Raj that if the property was permitted to be alienated the right to maintenance of the present and prospetive members of the family would revive as against the Raj: The