cover image: The Calcutta Weekly Notes  January 29  1951

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The Calcutta Weekly Notes January 29 1951

1951

At the same time it is interesing to note that the Judges of the Supreme Court felt bound under the impact of changing political and economic conditions both in America and in the world to make a departure from their previous pronouncment restricting the right of the Negro." These observations had been made in a case where the question turned on the validity of the Madras Government Communa [...] After this the threJudge District Court sustained the modfied rules on the ground that the accomodations were adequate to serve the aveage number of Negro passengers and are proportionately fair." This decision was set aside by the Supreme Court which held that the right to be free from unreasonable discrimination belonged to each particular passenger and it was no answer to the parti [...] The state trial Court recognized that the denial of admission was a violation of the Fourteenth Amendment but instead of granting a mandamus continued the case for six months to allow the State to provide It may be n e"tioned here that in America the writ of mandamus Area not now exist in Mu hury v Afadienn 1 ("ranch rite; fowling p P151 decried in 1' OA the Rvioreme court held that it had no j [...] When there is conflict of oral evidence of parties on any matter in issue and the decision hinges upon the credibility of the witnesses then unless there is some special feature about the evidence of a particular witness which has escaped the trial Judge's notice or there is a sufficient balance of iprobability to displace his opinion as to where the credibility lies the Appellate Court shoul [...] The duty of the Appellate Court in such cases is to see whether the evidence taken as a whole can reasonably justify the conclusioh which the trial Court arrived at or whether there is an elment of improbability arising from proved circumstances which in the opinion of the Court outweighs such finding.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes January 29 1951
xxxvii-xl unknown view

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