cover image: 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  July 17  1911

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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 July 17 1911

1911

It is astounding to find such a discussion in a leading article in the Times of the 19th of June last when in a telegram in the same issue it states that the “ judgment ” in the case “ will be delivered on the 15th of July.” We think that the Government of India should invite the attention of the Secretary of State to the gross impropriety of the Times in discussing in this manner a case pending b [...] R. Eq 345] The position of the Defendant in the case would be analogous to that of a trustee who allows the lease to be forfeited and if that is so it is difficult to see how in the absence of fraud the case would on the authorities cited here fall 'within the mischief of the general principle here enunciated. [...] So as in the case of other trustees in the case of the mortgagee also the fact that the new lease was taken after the expiry of the old one or that the new lease was to run after the expiration of the old one did not matter. [...] 92 of the Evidence Act in terms excludes only "oral agreement of statement" for the pupose of contradicting varying adding to or sutracting from the terms of the written agrement the Calcutta High Court even after the decision in Balhishen Das v. Legge has held that the language of the section does not exclude evidence of conduct and circumstances to show the real intention of the pa [...] The Judge having ruled the occasion of the general meeting to he privileged the question arose whether the observations contained in the Defendant's speech were having regard to what had been said in the preceding speeches relevant to the occasion.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
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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 July 17 1911
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