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 9 1925

The following note in the columns of our contemporary of the Law Times in this connection would be found interesting :- A very marked feature of the last election is the disappearance of the invariable accompanment of general elections in days gone by the cloud of election petitions based on charges of corrupt and illegal practices. [...] The principle that in case of a conflict of laws the presumed itention of the contracting parties is the govering factor in the question what law is to be applied was affirmed by the House of Lords in Hamlyso d Co. [...] The Lord Chief Justice before whom the action was heard held that under the American law the contract was void but it was valid under the English law and acting according to the well-recognised principle of law enunciated by the House of Lords (in the case mentioned above) the contract was to be interpreted acording to the English law as it was clear that that was the intention of the partie [...] The Plaintiff however lost on the ground that notice of claim was not given to the Defendants within the time stipulated in the contract the condition whereof bearing on this point was printed on the back of the passenger's tickets which the Plaintiff did npt take care to read and follow. [...] (c) The homestead must not form a part of the raiyoti holding mentioned in (a) or in the language of the section the raiyot must hold the homestead otherwise than as a part of his holding as a raiyot." Let us see if the circumstances of the given case fulfil all the above conditions.