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 April 11 1938

Apart from the legal competency of an appeal to the Privy Council the interposition of a further appeal in India before the Privy Council can be approached would itself stifle recourse to England by reason of the financial exhaustion it would entail; and if unfortunately the Federal Court fails to inspire the confidence which the Privy Council enjoys parties are likely to stop at the High Court [...] rs he to wait till the conclusion of the trial and take the ground as one of the grounds of his appeal against the conviction or is it open to him to approach the higher Court during the pendency of the proceedings and ask for a quashing? [...] If that is so a Court of Appeal dealing with the matter after the conviction is not in a better position in any way or to put the matter from another angle a Court of revision dealing with the matter during the pendency of the proceeings is in no way embarrassed by reason of the case not having sufficiently developed': The facts as they are developed have no bearing on the matter. [...] You have also done a great service to the public in dwelling upon the eminence of the Lords of Appeal of Great Britain and the necessity of retaining the ultimate right of appeal to the Privy Council. [...] 174 of the Bihar Tenancy Act had not been fulfilled and that it was necessary for the judgmendebtor notwithstanding any satisfaction of the decree which may have taken place to deposit the amount of the decretal debt in Court for the benefit of the decree-holder (whether or not the decree-holder could afterwards take it out) in addition to dpositing the five per cent.