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 April 3 1911

'Their_ Lorships of the Judicial Committee considered it unecessary in this case to examine the bearing upon the question of the provisions of the Contract Act as according to their Lordships it requires no statutory provision to show that when money has been so paid and received and appropriated it is not in the power of one of the parties to the transaction without the assent of the othe [...] In the language of the learned Chief Justice of the Madras High Court the undertaking in so far as the subscribers to it were concerned was in the nature of a gambling transaction and the prospects of its success were in the direct ratio to the badness of the life isured. [...] The "President" had further urged in the criminal proceedings that he had no knowledge of the Working of the fund and that he only consented to act on the undetaking that the business should be managed by the sixth accused. [...] On the 25th of February sy ro he took out execution in respect of the balance of the decree for mesne profits amounting to Rs 2 727 1 5 against the person of the four male Petitioners whereupon the Pettioners applied to the High Court to direct that pending the decision of His Majesty in Council in their said appeal the execution applied for should be stayed on such terms as to security as t [...] The rule was issued on the grounds that the Magistrate decided the case without examining some witnesses of the 2nd Party who were present in Court and secondly that both parties h wing ap plied for compromising the dispute the jurisdiction of the Magistrate ceased inasmuch as there was no apprehension of a further breach of the peace.