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 Law Courts Monday June 10 1918

Except in the matter of appointment of Judges t both of the superior Courts and the County Courts) and making other judicial appointments including the magistrates he does not interfere in any way with the functions of the judiciary. [...] But the judges in England being irrmovable by the Crown or its ministers or the Cabinet the fact of the Lord Chancellor heing a member of the Cabinet does not trench upon the independence of the judiciary in any way. [...] But there is another version of the rule based on a number of authorities : " Where a Defendant submits to the whole demand of the Plaintiff and to pay the costs he has a right to apply to the Court to dismiss the action or stay all further proceedings." Daniell's Chancery Practice 8th Ed. [...] ting up the above rule into its component parts we get the following :—(i) the application for dismissal of the action must be made before judgment or decree ; (ii) the application must be made by the Defendant as was the case in Pemberton v. Topham Holden v. Kynaston Manton v. Roe ; Daniell however says that the Plaintiff may make the application; (iii) the Defendant must submit to pay the [...] 23 r. 3 (compromise of suit) of the Civil Procedure Code 1908 which runs thus : Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or comprmise or where the Defendant satisfies the Plaintiff in respect of the whole or any part of the subjeet-matter of the suit the Court shall order such agreement compromise or sati