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 August 3 1936

And when the two so arrange the defence between themselves that a part of the evidence of murder will be dealt with by Counsel for the alleged accessory but he is not allowed to do so in the view that it was the concern of the Counsel for the principal accused is the trial of the latter also vitiated? [...] The 'Judicial Coinmittee hold with unanwerable reason that it is—for although the arrangement may not have been known to the Court the accessory was entitled in his own right to challenge the fact of murder ; and since the denial of that right to him rsulted in the Court being not addressed at all on that part of the case on behalf of even the principal accused his trial too was vitiated [...] In the result the two sets of cases differed execution of the decree having been restrained in the former and allowed to proceed in the latter. [...] hi the second set of cases the Company having urged that the term depositors " in the *scheme included judgment-creditors the judgment of Buckland J. was referred to by the learned Judges as relevant authority to the contrary. [...] It is to be hoped however that the decie ior of the Court of Appeal wilt not open the gates of litigation in the mofussil by making the schemes liable to collateral attack in hundreds of subordinate Courts in the country.