cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  May 5  1913

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 5 1913

1913

A case was transferred by the Court of Sessions to the Court of an Assistant Sessions Judge who heard the whole of the evidence but did not proceed to judgment on the ground that one of the issues in the case was at the same time awaiting decision under appeal in the Court of the Sessions Judge. [...] In the course of his judgment the MASTER OF THE ROLLS said:–r It is important to observe that the date at which the trust is to arise is the dear h of the widow the tenant for life—a period to which no possible objet ion can be taken—and that.t he pe st)r-s to take are to be ascertained at the same momen. On principle it is not easy to state the objection to this. [...] Indeed the duty of the Court to rectify the register in proper cases is all the mote imperative because of the absoluteness of the effect of the registration if the register be not rectified. [...] (1) that the consent of the reversioners to an alienation by the widow of the whole or a part of her deceased husband's estate vises a presumption of the propriety of the transaction and (2) that the widow may relinquish her estate in favour of the immediate reversioners and create in them a prsent indefeasible interest are distinct in their iception and development. [...] The only ground on which the learned Magistrate has chosen to proceed with the case is that the accused has been guilty of the contempt of the processes of the Court and that is a good reason.
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 Calcuta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 5 1913
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