The Calcutta Weekly Notes Law Notes and Noted 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 September 11 1933

On Hindu Law it was held that the secular circumstance of the vesting of the husband’s property in some one other than the widow is no test by which the existence or extinction of her right to adopt is to be judged: the true test is whether the burden of continuing the line has been effectually assumed by another generation. [...] In a suit by the secretary and the treasurer cf a Company against the predecessors in office a mortgage executed by the latter cannot be held to be invalid in the absence of the mortgagee. [...] A river belongs to the Government only when it owns the whole of the bed and not when riparian owners own the bed up to the m e diu No decree can be passed on an award under the Indian Arbitration Act but execution of such a decree erroneously pased may be treated as an execution of the award. [...] Among other points de: either in First or in Second Appeal th lowing may be chosen as the most impor When the Collector has taken possessii: certain lands of a touzi after makit award under the Land Acquisition Act allow4ig deduction of the revenue if t: after the touzi be sold for arrears of rev the purchaser can claim no part of the pensation awarded for the acquired land: the order of succe [...] When a debtor makes an applCation to be adjudicated an insolvent it is the filing of the application which is the act of insolvei 'Ind a creditor relying on such ac tes muq his application within the mum tation computed from the fer of a property which has salir been the subject-matter of a sale __Mtti-be set aside is a transfer of the prperty itself and not of a mere right to sue.