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 February 26 1923

Hailey “ that an appeal should lie in ceftain of these cases of acquittal by jurors the majority of whom are of the same nationality as the accused is the gravamen of the charge against the present system.” In our opinion the aiiihors of the Bill would have been weladvised not to provide for an appeal at the instance of the Local Governmen from an order of zcquittal. [...] In the first mentioned Class O.; cases the date of first hearing must be theNaee mentioned in the summons and the suit cav be dismissed for default on that date for the non-appearance of the Plaintiff or decreed ex parte for the absence of the Defendant provied 14 days have elapsed in the case of rent suits and 7 days-in the case of Small Cause Court cases since the service of summons on the D [...] But in the case of latter class of cases the suit cannot be dismissed for default on the date mentioned in the summons for the non-appearance of the Plaintiff on that day but if the Defendant does not appear on that day it must be adjourned to some other day for ex parte final disposal and it is on that day that th3-sliit can ut dismissed for non-appearance of the Plaintiff or - 'ecreed ex p [...] But it is not so in the case of suits in which summonses are issued for In this case the date mentioned in the summons is the dale of first hearing of the suit. [...] Suits in which any monses are issued for final disposal form the bulk of the cases that come before the inoifussil Courts and it was of course not the intention of the legislature that the Court would be required to extend the time after recording reasons in writing in each case.