The Calcutta Weekly Notes Monday December 10 1928

Courts often differ in their findings of fact ; and when the matter comes to be considered by some third tribunal in the hierarchy judgment often leans in favour of the first Court on the ground that it had seen the witnesses and was thus in a better position to appraise correctly the value of their testimony. [...] The question was whether the judgment he gave in these circumstances had any claim to preference - owthe judgment of reversal by the Appelate Court; and their Lordships answered " A judgment proceeding in that way does not give very much further advantage to the judge of first instance over the judges in the Court of Appeal." There can be no doubt that the opinion of their Lordships is one [...] The wood of a mango tree is not in my experience of such a nature that it can be said to be used genrally as timber but I think also that one sees some indication of the meaning of the definition of immoveable property by refeence to the definition of moveable property in the following clause of the section.. [...]. Had it been intended to include in the defnition of ' moveable property' not merely the fruit of the trees or the juice of the trees 23"xxiv THE CALCUTTA WEEKLY NOTES. [...] That finding the Court of Appeal had reversed; and the question before the Judicial Comittee was whether in the circumstances stated above the finding of the trial Court was entitled to preference for the reason that it had seen the witnesses.