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 Febuary 6 1922

The reasoning is that although our judicial system does not admit of the decision of cases in any other way than on the evidence before the Court the Magistrate if he finds himself in a situation which makes it impossible for him to understand the evidence without the aid of a local inspection may do so but the safe-guard has at the same time been laid down that be must keep a note of his inspecti [...] The safe-guard laid down acts as a salutary check on the Magistrate and enables the party who may be aggrieved to get the case transferred to some other Court have the Magistrate called as a witness by the Court and then test the accuracy of the record by cross-examination. [...] 27 it appears that after the close of the case for the prosecution and the defence and at the request of the prosecution the Magistrate inspected the place of occurrence and relied on his ispection in deciding the case. [...] In other words there is no relationship of Cestui-que-trust and Trustee between the revesioner on the one hand and the widow on the other during the continuance of her estate. [...] the one among possible heirs who eventually succeeds to the widow's estate participates in the consideration paid to his ancestor by the widow as the price of his assent to an aliention by her he is estopped from impeaching the transaction for one cannot participate in such benefit avid at the same time call in question the propriety of the transaction.