The Calcutta Weekly Notes Law Notes of 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 November 27 1939

They laid down the principle that while entering into the contract the parties must have contemplaed that the continued existence of the nomal state of things was the very foundtion of the contract and that " in the course of affairs men making such contracts in general would if it were brought to their minds say that there should be such a condtion." The Courts therefore began to [...] It `AB be seen however that up to the aforesaid cases the Courts proceeded by interpreting " the contracts and reading into them some implied term as to the cotinued existence of the subject-matter of the contract or the continuance of normal coditions. [...] Where the origin of the tenancy is unknown the nature and extent of the interest must be inferred from the facts which are proved in a case. [...] 114 of the Evidence Act that the accused was either involved in the murder and robbery or at least received the stolen property knowing it to be the proceeds of the robbery. [...] 114 Illustration (A) : but when the question arises wlwther the presumption of the graver offence or of the lesser offence is to be drawn it is for the prosecution to establish the graver presumtion rather than for the graver presumtion to be drawn in the absence of an eplanation from the accused.