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 January 2 1928

During the current year a large number of appeals in cases in which the trial was held with the aid of a jury had to be allowed and the cases sent back to the Sessions Courts for retrial on the ground that the constittion of the jury was illegal. [...] Immediately on the re-opening of the Court quite a number of such appeals came up and it is a relief that the conflict of opinion has been set at rest by a Full Bench before the number of appeals pending in the High Court in which the point involved is the iproper constitution of the jury is swelled any further. [...] 276 the second clause of which is relevant for the present purpose and it says that “in case of a deficiency of persons summoned the number of jurors rejuired may with the leave of the Court be chosen from such other persons as may be present.” The question arose as to the meaning of the words “deficiency of persons summoned” ir. [...] The importance of the decision of the Full Bench apart from settling the conflict as to the meaning of the expression " deficiency of persons sumoneci " is that it enjoins the Sessions Judges to exercise their discretion whether to complete the jury or to adjourn the trial for a fresh jury to be summoned in a maner best calculated to secure to the accused a fair and impartial trial. [...] 20 in cases of part-payment of the principal the fact of the payment only is equired to be in the hand-writing of the person making the same ; it need not be signed by the debtor.