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 November 25 1940

The reason given for the proposed change was that the work of making out the copies could not be undertaken by the office bfore the process fee was deposited; and as in practice the process fee was not depsited till a considerable time later than the date of the issue of the Rule it was found impossible to complete service within the time limited. [...] We are glad to find that our suggelion has been accepted in its entirety as the following new rule published in the Calcutta Gazette of the 30th August last will show: Provided further that in cases in which the Court fixes a returnable date the fee for the issue of the notice shall be paid into Court by the end of the day following that on wh ch the application is granted. [...] If the question at issue be the character of a tenancy and the judgment of the first Appellate Court bears no indication that the statutory presumption arising from the record-of-rights was present in the Judge's mind is it nevertheless to be deemed that he must have considered the presumption? [...] But the existence of the record-of-rights does not appear from the judgment of the learned Judge to have been appreciated by him and as he has given no effect whatever to the statutory presumption their Lordships are unable to regard the Appellant as taking any advantage from the cicumstance that five of the cases were dealt with in the Hio h Court upon second appeal. [...] The section does not in terms require the issue of any notice to the party to the detriment of whom the order is made and if an order regarding disposal of property is passed simultaneously with the judment in the criminal case no one would cotend that a separate notice to the parties to show cause in respect of the disposal of the property is necessary ; but when an applcation is made a