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 May 20 1935

The health rsorts of autumn are blazing furnaces at this time of the year and the only places where the climate is pleasant are the hills which are two expensive for the average member of the Bar. [...] In such cases the necessity arises for making an application that the appeal be immediately heard and for that purpose the Appellant has to undergo the consideable expense of preparing a second set of papers although he has already put in the costs for the preparation of the official set. [...] Why is it then that when everything else changes and adapts itself to the changing circumstances the High Court at Fort William alone should be the symbol of the unchanging East ? One argument that is persitently advanced for the retention of the autumn vaction in Calcutta is that the Durga Puja which is an autumnal affair is an institution peculiar to Bengal that the lower courts must be [...] He mar reach that conclusion not only on the ground that the order of the Magistrate was perverse or manifestly unreasonable and iconsistent with an honest appreciation of the evidence in the case; but also on the ground that the Magistrate has taken upon himself the discharge of a duty which under the Code is entrusted to the Sessions Court that is to say the duty of appreciation of evidence [...] In such a case the District Magistrate or the Sessions Judge must bear in mind that the enquiring Magistrate has seen the witnesses and the Court acting in revision has not done so and for that reason the Sessions Judge or the District Magitrate should be slow to set aside an order of the Magistrate merely because he diagrees with the Magistrate's appreciatien of the evidence.