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 June 1 1936

Of this nature was the recent case of Ashton v. Wainwright tried on the 12th March last before Goddard J. There the solicitor acting for the clients in the matter of the registration of a club informed them that the club had been registered although in fact it had not been ; and the clients moving into the new prmises on such information were convicted and sentenced. [...] 21 r. 63 by an attaching creditor to establish his right to ilttach and bring to sale certain prperty and when in order to succeed therein it is necessary to avoid a transfer of the prperty on the ground that the transfer has been made with intent to defeat or delay the creditors of the transferor the suit must be brought in the form of a representative suit*: the omission to file the s [...] When a mortgage decree and the sale of the mortgaged property in execution of the mortgage decree is held in a suit filed by a third party subsequent to the confirmation of the sale to be not binding on the third party and as a consequence thereof the auction-purchaser loses possession of the property he has a right to recover back the purchase-money from the decre.:?.-holder. [...] In accordance with the practice of the English Courts a summary of the evidence proposed to be called should be given to the Sessions Court and the accused before the trial if a witness has not been called in the Committing Magistrate's Court. [...] The Court must satisfy itself as to the value of the evidence of the expqrt in the same way as it must satisfy itself of the value of other evidence.