cover image: The Calcutta Weekly Notes  March 2  1953

Premium

20.500.12592/s2k2sx

The Calcutta Weekly Notes March 2 1953

1953

It is far older than the King's Bench and probably older than the Kingdom." Al thpugh Professor Glanville Williams in a minority report said that he would abolish the action of cattle trespass the majority rcommended that the action of cattle trespass should be retained but the damage recoverable should be limied to the damagc done to the land and to crops. [...] 497 of the Penal Code the onus is on the complainant to prove not only that the accused committed aultery with the complainant's wife but also that he (complainant) did not connive at it; that is an essetial ingredient of the offence under the section. [...] Where however it was proved that the complainant had long since ceased to be interested in his wife leading a chaste life and allowed her to have her own mode of living without any kind of let or hindance on his part the omission by the prosecution to lead evidence that there was no connivance on the part of the husband was held to be reasonable and the accused was acquitted in the result. [...] 24 (1) of the Code of Civil Procedure the decision by the transferee Court is to be taken as the decision in a small cause suit and not a decision in a suit on the Original Side and according ly it is open to revision by the High Court under sec. [...] 24 of the Code which makes it clear that after a transfer the decsion of the transferee Court is for the purposes of procedure which includes the question of appealablity the decision as in a suit of a nature it originally was in the Court in which it was instituted and from which it was transferred.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes March 2 1953
lix-lxii unknown view

Related Topics

All