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 30 1917

If the opening was made by a hostile shell and in consequence the vessel filled and sank the loss would still be by a peril of the sea but being the direct and immdiate consequence of hostilities such a loss would not be recoverable under a policy in the form of the present one. [...] 49 (b) of the Bengal Tenancy Act on the ground that the lease granted to the latter in 1879 was void after the expiry of nine years from the passing of the Bengal Tenancy Act. [...] The wakfnama enjoins the matwati fo perform the acts and ceremonies mentioned in the document and provides for the preservation and repair of a mosque and then it says that after dedcuting the expenses for all these acts from the income of the wakf property the daughters of the founder would take the balance of the income as their remuneration. [...] The first Court held the wakInanta to be invalid because it apeared that the intention of the proprietor was to tie up the properties to his descendants to the exclusion of his other heirs and to he decreed the suit in respect of a modified share. [...] On appeal to High Court : Held—In determining the question as to whether the wakfnama is a valid document it has to be seen whether the effect of the deed was to give the property in question substantially to religious and charitable uses or whether the effect was to give the property in substance to the daughters L. R. 28 I. A. 15 ('38) referred to.