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 March 26 1917

In a prosecution for criminal breach of trust the accused wanted to put in the judgment in a civil suit in which the items which formed the subject of the charge in the criminal case were included in the subject-matter : Held—That the judgment was admissible. [...] In the case of an impartible Raj the estate is enjoyed by the whole family through the occupant of the gaddi with all the prestige incident thereto the right to maitenance exists but the members of the family have no legal right to partition. [...] Lord Parker said :- The negligence alleged was the omission of the company (1.) to illuminate the posts to a degree sufficient to enable the Respondent to avoid a collision ; (2) to paint the posts white so as to render them more visible ; (3) to board up the trellis work so that the obstacle could not be seen through ; and (4) to take precations to warn persons using the highway of the existen [...] Here the risk' arose not from what the company Was doing but from the existence of the gate posts legalized by the Act coupled with the diminution of light necessitated by the exigencies of the war. [...] The bridge was only bound to carry the road through which it passed and that was the road determined at the moment when the railway was built for it did not follow at all that the road within the meaning of the section was the same thing as the use of the road which might change from time to time.