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  May 25  1936

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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 May 25 1936

1936

On the findings in their Lordships' own judgment the case was in no way different from other cases of a defective charge and the verdict of a midirected jury ; and if that was so it is not easy to understand why the religion of the Judge or the jury should have been thought of as a factor which had to be regarded either in considering the original trial or in giving directions as to the re-tr [...] Numerous cases are decided by the High Court every day in which the charge is found to be defective and the verdict is cosequently set aside; but the Court has never enquired as to the religion of the members of the tribunal and has never given thslightest countenance to any doctrine such asp that a trial by any but co-religionists of the accused is per se improper. [...] of non-interference simply for the reason that the Court of first instance had the avantage of observing the demeanour of the witnesses? [...] r. 3 to deal with any arrangement alleged to have been entered into between the parties in respect of the claim of the mortgagee to recover the balance due to him from the mortgagor otherwise than out of the prperty sold or to be sold under the decree for sale and it makes no difference for this pupose whether or not liberty is reserved to the mortgagee in the preliminary or the final decre [...] there was an implied contract on the part of the other Defendants who had joined the Plaintiqs in the appeal and urged that the joint decree should be broken up into several parts--a contract to contribute their share to the one Defendant who was made liable for the whole of the decree debt which according to the view that they had expressed in the appeal shbuld not be borne by him except to the e
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 May 25 1936
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