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 27 1910

THE FACTS UPON WHICH THE COURT WAS MOVED for a rule in the case before the S:ecial Bench no doubt put the reasons advanced in the judment of the majority of the Full Bench to very severe test. [...] They thus seem to agree with the Judges in the case of Begu Singh as also with the majority of the Judges in the Madras Full Bench cases as to the manner in which the Courts are to use the discretion vested in them by sec. [...] Where a sum of money invested in odeposit account with a banking firm and the setior aptoints the members of the firm and directs them to invest the funds in deposit account held that the money becazRthe money of the Bank whicia it was entitled to use as wn and that on the failure of Bank the rustees w Id rank with the general body of the creditors lind be entitled to no preference. [...] The grant was opposed by the nephews of the Appellant on the ground that the properties belonged to them and the Appellant and not to the deceased and by private arrangement the deceased was allowed to enjoy the usufruct for life. [...] He held :—" The fact thathe Petitioner is the nearest heir of the deceased is disputed and the title of the deceased to all the properties mentioned by the Petitioner is also disputed.