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 27 1935

On the first point the judgment in the Burge Murder case affirms the general rule as strongly as it was ever affirmed once in the statement of the main principle and secondly and more emphatically in the third and the fourth propositions. [...] The exception so laid down does not eat up " the general rule : it amounts merely to this that there may be a case in which the Court with the consideration of the risk present to its mind nevertheless feels that in the circumstances of that case the evidence of the accomplice would by itself be a safe and sufficient basis to act upon aid if the Court with a full sense of the relevant pri [...] The' only effect of the disobedience of the order of the District Judge is that a suit can be brought against the Respondents without the sanction of the Advocate-General. [...] But the true meaning of the law is that so long as there is a clear and unequivocal manifestation of intention to create a trust of this description and there is a formal divesting of the owneship in the property on the part of the donor and vesting of the same in another or even in the donor himself as trustee that is to say so long as there is a clear change in the tenure of this property w [...] Thereafter after having been aware of the same the third party sued the vendee to recover the debt : Held (TEKCHAND and JAILAL JJ.)—That whereby a contract between two persons the promisee agrees to pay to a stranger to the contract the latter cannot sue the promisee for the money unless the case can be brought within one of the welrecognised exceptions.