cover image: 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  June 6  1910

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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 June 6 1910

1910

Justice Fletcher that having regard to the excetional character of the provisions of Regulation III of 1818 it is doubtful whether the Legislture ever contemplated that the merits of the Government's decision to deport a person should be considered by the Courts of law as evidence of that person's character according to the ordnary judicial standards. [...] Justice Woodroffe that " assuming the political reputation of the Plaintiff to have suffered damage such damage is to be attributed in greater degree to the deportation of the Plaintiff and the public and widely spread statements concerning the Plaintiff made by the responsible executive officers of Government than to the utterance of an anonymous and irresponsible contributor to the Defendants' [...] At the time of the secession the dotrine of social compact (false as it is both historcally and biologically) was an article of faith with reformers of all shades of opinion and we accoringly find the men upon whom fell the task of rconstructing the Government anxious to make it the cornerstone of the new structure. [...] Where a mortgage was by one member of the firm with the consent and informal coperation of the undisclosed partner who had the implied authority of the testator to deal with the property in the ordinary course of business held that the mortgage was valid and binding on the undisclosed partner as principal. [...] The writer points out that these decisions " have the effect of perpetuating the very evil which the legi4ature at the time of the passing of the Indian Evidence Act wanted to avoid and did avoid by omitting certain sections in the original Evidence sill dating with the above-mentioned class of defamatory statements." This discussion of the English doctrine of "absolute privilege" in the light of
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 June 6 1910
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