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 Short Notes of Important Decisions of other High Courts in India Monday January 19 1931

The majority after an elaborate investigation of the effects of the abolition of death penalty in some of the continental countries have come to the coclusion that such abolition has not made life and property more unsafe or added to the insecurity of the community at large and so they are of opinion that capital sentences may be abolished without any danger to society. [...] " The Plaitiff ' their Lordships said " must recover on the strength of his own title and it is the opinion of their Lordships that in this case the onus is thrown upon the Plaintiffs to prove their possession prior to the time when they were admittedly dispossessed and at some time within 12 years before the commencement of the suit." In 1906 the principle was further affirmed in the cas [...] " Their Lordships adhere to the principle " it was said " stated in the Privy Council case cited by the learned Judge in the High Court (Mohima Chunder Mazoodar v. Mohesh Chunder Neogi) and hold that it is for the Appellant as Plaintiff In a suit of ejectment to prove possession prior to the dispossession." It will be oserved that in each case the statement of the law is clear emphatic an [...] The subject-matter in dispute was a village of which the title to the surface-rights as well as to the mineral rights was in the Plaitiff. [...] An application was made by one of the mortgagees to have the judgment set aside on the ground that as the successor of the trustee who died was not substituted within the time allowed by law the appeal had abated and the judment consequently was invalid : Held (WALLER and KRISHNAN PANDALAT JJ.)-----That there was no question of abatment as the matter really was one of devlution of intere