The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Courts Monday April 2 1906

In this suit instituted by the Secretary of State in 1901 the question was as regards the respective title of the Municipality and Government on the land and the right of the latter to compel the former to quit upon 6 months' notice. [...] 2. All the property of the State of whatever decription and wheresoever found shall be confiscated to the Honourable East India Company in parpayment of the debt due by the State of Lahore to the British Government and of the expenses of the war. [...] One was the Terms of the Lahore treaty one clause of which provided that all the property of the State of whatever description and wheresoever found shall be confiscated to the Honourable East India Company in part-payment of the debt due by the State of Lahore to the British Government and of the epenses of the war." It was said that a distinction was drawn between State property and private [...] Petitioner's appeals both as to the surcharge and the Melkoima rights were dismissed by the High Court on the basis that the said decision of the Judicial Committee had conclusively settled the rights of the parties as depending on the agreements of 1854 and 1874. [...] X. from the nature of the defence which was set up in the Court of the first instance the appeal was one which the Judge should have heard on the evidence and not have summarily dismissed on mere perusal of the judgment of the Court of the first instance Babu Hari Bhusan Mukherjee for the Petitioners.