The Calcutta Weekly Notes January 1 & 8 1945

Of the two decisions on the Bengal MoneLenders Act the first deals with the question of the validity of certain provisions which affect claims based on promissory notes. [...] Here the original decrees had themselves been passed in accordance with the provisions of the Act and the terms of the promissory notes had been over-ridden. [...] IL1X the rights of a holder in due course were in no way concerned The operation of the Act on the interest cliimable under the note could not be challenged as authorised by the Provincial Legilature without any jurisdiction to do so. [...] It may also be noticed that the present decision is mainly an application of the decision of the Privy Council in the Alberta case which was cited from the Bar on the previous occasion also but not noticed in the judgment but is this time mentioned applied and followed The second decision relates to certain pre-Act decrees and disposes of a question which arose by reason of certain sections hav [...] 41 r. 22 of the Civil Procedure Code it is open to a Defendant Respondent who has not taken any cross-objection to the partial decree passed against him to urge in opposition to the appeal by the Plaintiff a cotention which if accepted by the trial Court would have necessitated the total dismissal of the suit.