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 August 8 1938

102 and 103 do not apply to searches under the Excise Act." " Chapter IX of the Excise Act details the powers of different persons to make the search." With due reverence to the learned Judges who -decided the case of Harbhanja Sao v. Crown above referred it must be said that had the wordings of the secs. [...] Though the publication in September would with a rtrospective effect add the period from 16th of June to the date of the first meeting of the new body of Commissioners still canot a party challenge the legal existence of the old board on the 16th of June or on any date prior to the publication on the ground that there is neither the newly tormed body in existence nor the life of the o [...] But that again is qualified by the condition that the period elapsing between the epiry of four years and the first meeting of the newlformed body of commissioners shall be held to be included in the term of four years. [...] The author is properly sensible of the importance of that question and devotes a good deal of space to it in his Preface." But the claim made in the " Preface " that leading decisions of the different High Courts down to 1938 have been noticed is not always borne out by the statements in the body of the text. [...] This proposition though applicable to cotracts relating to purchase of shares as a company is subject to certain other rules of law and one of these is that the repudiation or the avoidance of the contract by the share-holder on the ground of misrepresetation in the prospectus must be within a reasonable time and before the commencmerit of proceedings for the winding up of the Company.