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The All India Reporter 1931 - Notes Cases not fully Reportable
1931
The case was decided on this point by two of the Judges who expressly declined to go into another question as to the validity of a direction to1931 NOTES 3 accumulate income the judgments of the third Judge in the appellate Court and of the Judge in the Court below on the latter point were therefore mere obiter dicsa and the case is only an authority upon the construction of a particular will and [...] To report obiter dicta is to give to the Reports the functions of legal treatises which was not apparently the intention of the founders of the Indian Law Reports In the Indian as in the English Law Reports the favourite form is a resume of the facts followed by a short statement of the decision of the Court thereon. [...] But the rporter informs us in his head-note of the nature of the mortgaged property the amount of the mortgage moneys and the various stages with the exact dates of the litigation in the High Court and the lower Court between the mortgagee and the mortgagor. [...] Nevertheless the reporter has filled ten pages with a statement of facts the judgment of the High Court and the entire judgment of the Privy Council which sets out the exact terms of the mortgage deed and the history of the suit in the lower Courts. [...] Although the High Court has under S. 307 wide discretion to accept or reject the decision of the jury and to decide the case on the evidence as it appears to it still the High Court should give some weight to the finding of the jury and if the jury-verdict appears to be not unreasonable and it is merely dissented from by the Judge on the ground that he believed the evidence and the jury did not th
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1931. The All India Reporter 1931 - Notes Cases not fully Reportable, Unset.
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Retrieved from https://southasiacommons.net/artifacts/2361923/the-all-india-reporter-1931/3376094/ on 04 May 2024. CID: 20.500.12592/c64hz3.