cover image: The Calcutta Weekly Notes  Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  April 28  1924

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The Calcutta Weekly Notes Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday April 28 1924

1924

The fact of the matter is that the public do not share the cofidence which the Judges themselves naturally have in their own infallibility and our own experience of the way in which small causes are disposed of whether in the city or in the mofussil rather dispose us to agree with the point of view of the public than of the Judges themselves. [...] It may be pointed out that the opinion of the Calcutta High Court is based not merely en the prevailing practice of making purchases or holding properties in the names of the female members as in the names of the male mebers but also upon the fact that owing to the females living in the family and being supported out of its income like the male members both of them thus have " unity of posse [...] With the Maras High Court however the prevailing pratice of keeping the properties in the names of the female members carries no weight as also the fact That the females are as.muchsinembers of the family as the males. [...] It was unfortunate that the decisions of the Calcutta High Court and of the Judicial Comittee of the Privy Council quoted above were not cited at the Bar nor otherwise brought to the notice of their Lordships on both the occasions of the hearing of the two cases r102"VoL. [...] In the absence of any evidence cheing that the husband supplied the funds with which the property wasurchased the fact that the purchase was made in the name of the wife does not lead to the presumption that the property belonged to the husband and not to the wife.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday April 28 1924
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