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 February 2 1925

The last day of the spring which closes the Bengali vea is a gala day of the workmen and is celebrated by the iarak pooja which is symbolic of the annual cyfle. [...] The only judgment that the Court can properly give in these circumstances if it takes a view adverse to the accused is that so far as the particular case is concerned no failure of justice has been ocosioned by the defect of procedure and the Wirt is not prepared to alter the finding setence or order in that case the defect complaied of being one of those 'mentioned in the setion. [...] That the legislature was alive to the caution and care with which the section is to be invoked and to the necessity of curtailing the scope of its application will appear from the fact that by the amending Act of 1923 el. [...] The section applies to the homesteads of the raiyot only when the homestead is held " otherwise than as a part of his holding is a raiyot." The right interpretation of the section dpends upon the meaning of the words " othewise than as a part of his holding as a.raiyot.- When does the raiyot hold his homestead " otherwise than as a part of his holding as a raiyot "? Let us take the simple [...] Thus in the above example if A.the.raiyot hapens also to be a settled raiyot of the village all the incidents of the tenancy of a settled raiyot will accrue to his tenancy of the homstead inspite of all contracts to the cotrary.