cover image: The Calcutta Weekly Notes. Monday  January 12  1914

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The Calcutta Weekly Notes. Monday January 12 1914

1914

Now that the reorganisation of the Calcutta High Court and the splitting up of its tertorial jurisdiction are engaging the attention of the Government of India it is a matter of supreme importance to the Presidency of Bengal that Sir Lawrence Jenkins should be at the helm of affairs of the Calcutta High Court. [...] On a suit by the daughter of the first brother the question arose in what capaci y did the widow of the brother who died first take a half share in the property ?" On a construction of the agreement their Lordships held that it was the intention of the parties that she was to have the half share as the representative of her deceased husband. [...] Oa appeal by the Plaintiffs in both suits to the Supreme Court of Canada that Court by its orders of the 21st of Marc'a 1912 reversed the decision of the Court of Appeal of Ontario and held that the two sets of Defendants the Costruction Company and Miller and Dickson wete equally liable to the respective Plaintiffs for the sums awarded against therm by the trial Judge in each case for da [...] That point was relied upon in the letter of the Construction Company to the solicitors of the Plaintiffs dated the rah June reo9 and it is quite clear from the terms of the agreement in writing entered into between the Construction Company and these gentlemen that this was the true relation between them. [...] The doing of the acts furnished no doubt the occasion for the exercise by the Crown of its bounty but in the absence of evi fence to the con racy it is not to be presumed that in using this timber as their own the Company were taking advantage of these tortious acts rather than taking advantage of the bounty of the Crown or in other words that they had elected to rely on a wrongful rather than
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday January 12 1914
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