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  September 12  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 September 12 1910

1910

The President is presumably to be an official appointed by Government and of the menhers two are to be elected by the Calcutta Corposir tion which is not at all representative of the ratpayers ; one to be the nominee of the Chamber of Commerce ; the Chairman of the Corporation is to be an exeyficio member ; the other two members are to be nominated by the (iovernment ostesibly to secure [...] Their opinion on the facts of the case are not thus deserving of the special consideration which is shown to the verdict of a jury in England yet their presence is sought to be made an excuse for taking away the right of appeal which is a valued right of the people and more often than not helps to secure to the owner of land the justice which is denied to him in the first Court. [...] But in the first place there being no appeal from a refusal to give a fiat the matter must be regarded as entirely in the discretion of the President ; and secondly in the absence of any provision as to the grounds on which the fiat may be given by the President the discretion of the President is left wholly unrestricted and amounts rely to little better than his whim. [...] On the other hand there is the provision that if a house is in a bad state of repair the cost of repairs would be deducted from what would otherwise be the maket value of the house when repaired. Does it not leave it open to the Tribunal first to fix the value of the building with regard to the bad state of repair and then to deduct from it the cost of repairs ? Such provisions of the Bill ar [...] Ile said :— I am therefore of opinion that the meaning of the present will is that the survivor should retain his half of the joint estate and a child's portion of his wife's half and that therefore each child would be entitled to one-ninth of what the testatrix was entitled to bequeath ; subject to the further provision that the survivor was to enjoy the usufruct of the children's portions du
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 September 12 1910
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