cover image: 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 Short notes of Important Decisions of other High Courts in India  Monday  March 21  1932

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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 Short notes of Important Decisions of other High Courts in India Monday March 21 1932

1932

Although the credit of the high literary merit of the Reform Report is attributed to the penmanship of Sir William Marris late Governor of the United Provinces to Sir Laurie Hammond is to be given the credit of a constitutional writer of no less emience who has popularised amongst the Idian public and particularly amongst voters and candidates the western elective system by his authorita [...] While still a member of the Behar and Orissa Government and a meber of the Council State he acted as Secretary to the Repressive Laws Committee appointed by the Indian Legislature and it was he who drew up the Report of the Committee which recommened the repeal of the majority of the Represive Laws. [...] The scandalous length of the examination of this witness and of several others reflects great discredit on the members of the Dacca Bar concerned when it is acknowledged that considerable portions of this evidence are entirely irrelyant." The Defendants appealed to the Privy Council and the main question for detemination was one of fact namely whether at the time of the contract Kali Nara [...] As to the volume and nature of the evidence they made the folowing observations :— " Disputes about the dispositions and cotracts of people of advanced age and failing powers are always difficult cases to decide and the difficulty Is greatly increased when as in the present case the record has swollen to enormous size owing to the way in which the examination of the witnesses on comis [...] In order that a gift may be declared ivalid as being made in Marz-ul-maut it must be proved (1) that the donor was suffering at the time of the disposition from a disease which was the immediate cause of the death; (2) that the disease was such as to engender in him the apprehension of death ; and (3) that the illness incapacitated him from the pursuit of his ordinray avoctions and prevented
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
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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 Short notes of Important Decisions of other High Courts in India Monday March 21 1932
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