The Calcutta Weekly 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 January 16 1922

In a recent case A. M. Luther v. James Sagor [1921] 3 K. B. 532 which egaged the attention of the Court of Appeal in England for a number of days the validity of the acts of the So-via—Republic was impugned by the Plaintiffs. [...] The *Court of Appeal held that the British Government had recognized the Soviet Government as the de facto Goverment of Russia existing at a date before the confiscatory decree of June 1918 and that the Talidity of that decree and the sale of the wood could not therefore be impugned. [...] The Appellant and Respondent contracted for the sale of fronds and the contract contaied a clause for " differences to be submitted to arbitration in London in the usual manner." The Appellants contended (inter alia) that the arbitration clause provided for arbitration only in England and according to Engilsh law and that any alleged defect or misconduct in the course of the arbitration should [...] The lower Court in -di-nissing the suit held that by.chandina the settlement authorities meant bazar land not subject to the provisions of the Bengal Tenancy Act and as such no presumption a.-3 to the correctness of the' entry arose as it was an entry which the settlement authorities had no jurisdiction to make in the record-of-rig s Held—That the presumption arising from the entry cannot be of [...] The noproduction of papers by the Plaintiff-Appellant coupled with the statement of the Defendant was sufficient to rebut the statement in the record-of--rights.