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  September 1  1924

Premium

20.500.12592/tfrf1z

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 September 1 1924

1924

In the year 1777 Lord Mansfield folloing the decision of the Delegates who consttuted the supreme Ecclesiastical Court of Appeal laid down the law onthe non-admisibility of the husband's or wife's evidence on the point of non-access as follows :— The laW of England is clear that the declarations of father or another cannot be admitted to bastardise the issue born after marriage.' " It [...] It was pointed out at the Bar that the Divorce Court followed the practice of allowing the husband to give evidence of non-access and that Lord Birkenhead himself (one of the Judges hearing the appeal) had admitted such evidence in one case at Nisi Prius. The majority of the Judges held that there was no reason for limiting the rule to proceeings in legitimacy. [...] I find here no such necessity.'' Thus by the force of what appears to be Aanswerable logic a rule of evidence which had been confined to legitimacy proceedings where the legitimacy of the child is the main issue has come to be extended to a divorce-Case where the legitimacy of the issue was only idirectly in issue and where the birth of ticipa child was given in evidence for the purpose of [...] What is the effect of the words " shall be final" l We do not suggest that it is final in the sense that the Court may not interfere in a proper suit if by reason of a mobton not being admissible the decsion of the Council following on the motion being put is against the law. [...] But the President's decsion is final for the purpose of ffiscussi in by the Council and for the purpose of the Council voing on the motion and cannot be challenged in Court unless and until in consequence of these the Council does something which is ultra vires.
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 September 1 1924
cci-ccviii unknown view

Related Topics

All