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 May 21 1928

The pioneers of the " individualisation " movement say that the existing criminal law stresses but one act of the offender witout going into the causes of that act or cosidering other acts or the personality of the actor. [...] The hearing was adjourned to Thursday the 26th April 1928 but owing to the indisposition of LORD ATKINSON one of the members of the Board the hearing of the appeals was postponed to a later date. [...] The Plaintiffs' predecessors gave a usfructuary mortgage of certain properties and a few days later the mortgagee leased the properties to the mortgagors and the morgagors hypothecated the properties again by way of simple mortgage to the same mortgagee for the payment of lease-money. [...] The Plaintiffs brought the prsent suit for redemption of the usufrutuary mortgage : Held (per MEARS C. J. and DALAL J.)— That what was sold in the earlier suit was the mortgagor's right in the equity of rdemption and as after the sale the equity of redemption no longer remained the prperty of the mortgagors the suit for rdemption was not maintainable. [...] It was contended on. behalf of the Defendant that the equity of redemtion was sold in execution of the rent decree and the Plaintiffs were not entitled to maitain the suit: Held (per SULAIMAN AND BANERJI JJ.)— That the property having been sold owing to the wrongful act and default of the morgagee himself he cannot be allowed to say that the equity of redemption did not susist and t