The Calcutta Weekly Notes. Monday July 17 1939

The reason on which the majority of the Court founded that decision was that the term “ Civil Court ” as used in the Agricutural Debtors Act does not include the High 137cxxxviii THE CALCUTTA WEERLY NOTES. [...] To take a concrete case a creditor sues for a mortgage decree for a certain sum ; the lower Court gives a money decree for a smaller sum; the creditor appeals to the High Court claiming the relief he claimed in the plaint; and the debtor takes the lower Court's decree to the Debt Settlement Board: The Board may settle " this decretal debt for a smaller sum and grant easy instaments. [...] It merely says that all questions between the parties relating to execution satisfaction and discharge of the decree shall be determined by the executing Court and not by a separate suit The grounds upon which the determination will proceed or relief will be given or what the relief will be is not within the terms of the section at all. [...] The Petitioner who was a subject of the Native State of Dhenkanal was arrested on the platform of Dhenkanal Garh railway station by the Government Railway Police of British India who purported to act under a warrant issued by the District Magistrate of Dhenkanal for the apprehension of the Petitioner on charges of sedition. [...] The terms of that notification' were clear and in the present cas e the police at Dhenkanal Garh railway station had no alternative but to act upon the warant issued by the District Magistrate of Dhenkanal and to arrest the Petitioner.