The Calcutta Weekly Notes Law Notes and Noted 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 December 19 1932

That was inevitable but we draw the from the status acquired by the Dominions urgent attention of the Government of Besince the Imperial Conference of 1926. [...] native for a refund of the price paid by him The Petitioner contended before the High from A the decree-holder : Court that that Court was not competent Held by a Full Bench (BROADWAY HARRto entertain the Reference for the confirma-.SON and JAILAL JJ.)—That while it is true tion of the death sentence passed by the that when selling the property of the judCommissioners inasmuch as the Ref [...] the auction-purchaser and herited from the English common law and is the decree-holder must at least be deemed applicable to India by virtue of the principle to be labouring under a mistake on an essethat the Indian Courts in default of special tial fact and therefore a suit would lie to legislation are to apply the rules of equity recover the purchase-price on the auctioand good conscience [...] civil liability in respect of the statements The object of the Legislature in enacting they make and more particularly is that the case when the law has already provided as r. 93 of Or. [...] He enjoyed the reputation of ed by him after the confirmation of the sale being well-posted in public affairs of his owing to the action of a person having time and performed his duties in Council paramount title to it and on the ground that with ability and independence.