cover image: The Calcutta Weekly Notes. Monday  April 23  1934

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The Calcutta Weekly Notes. Monday April 23 1934

1934

422 and 423 of the Code Lort-William3 J. said that the form of the order as drawn up in the office " The appeal is admitted." was a clerical error as nothing was said by them about Remitting or dismissing the appeal but that the effect of the order was that the appeals were dismissed summarily under sec. [...] McNair J. was not prepared to say that the form of the orders was due to a clerical error but both the Judges held that in revision the powers of the Court being almost unlimited and it being competent to modify or reduce the sentence the Court had jurisdiction to proceed as it did in passing the above orders to which exception was taken by the Crown. [...] Dunne K. C. in reply:— In this case both the learned Judges adhere to the view that there was nothing wrong in the procedure adopted by them LorWilliams J. remarking " I am satisfied that the Court has jurisdiction to proceed as it did." It is submitted that the orders were passed in contravention of the provisions of the Code regulating the procedure in dispoing of criminal appeals and [...] The former suit to dclare the widow's alienation invalid as against the reversioner was brought by the Plaintiff on behalf of all the reversioners whereas the present suit has been brought only by those persons in whom the estate has vested after the death of the widow and who claim possession on their own behalf. [...] The Act does not absolutely disqualify her from such appointment but merely contains an enabling provision making it lawful for the relations of the deceased father to apply for the guardianship of the children in the presence of the mother and for the Court to apoint one of them if it thinks fit to do so in the interests of the minor.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday April 23 1934
xciii-xcvi unknown view

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