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 24 1938

The reason why an appeal from an order rejecting a plaint is liable to the same courfees as the plaint rejected is to be found in the enlargement of the definition of decree " :since the Court Fees Act was passed in the year 1870. [...] While it is the duty of the Government to tap all available sources of revenue for the good of the prvince we conceive it is equally its duty to stop the realisation of unjust levies. [...] A number of annotated editions of the laW as now amended have preceded the pulication of the commentary by the framers - of the amending law but none of :them can claim the authority and comprehensiveness 3')"xl THE CALCUTTA WEEKLY NOTES. [...] After the objections have been heard and the notice is made aSolute the decree may be executed by the transferee in the same manner and subject to the same conditions as if the application was made by a decree-holder. [...] The discreticn of the Court must be exercised with regard to all the cicumstances of the case as the ordinary rule of procedure is that an amendment should be allowed only if it could be allowed witout prejudice to the rights of other parties existing at the time of the application for amendment.