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 July 17 1933

The secular circumstance of the vesting or diyeating of the property he points out is no test at all and the true principle is to be found on the religious side of the Hindu doctrine. [...] That principle is this that the right to adopt is a correlative of the duty of continuing the ancestral line and so long as that duty has not passed on to and been assumed by the next generation capable of itself of continuing the line the right susists. [...] If perpetuating the line be the governing consideration and the primaiy burden carrying with it the correponding right there seems to be no reason why extinction of the line should not be averted by the mother by the exercise of a revived power as much at the death of the grandson as at the death of the son. [...] Is it noassumtion of the burden by the son or is it noexistence at the date of the adoption of anyone to perpetuate the line whatever the intermediate course of events may have been? [...] First both in the narrtion of facts and their final summary just before the statement of the conclusion the learned Judge is particular in pointing out that the mistake of the Deputy Collector was caused by error or delinquency on the part of his subordinate officers.