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 May 5 1941

“ It is not for me and I shall not request any newpaper to publish this judgment but I take the liberty of expressing the view that it is not in the interests of the public that the facts of cases like this and the decisions whether they be right or wrong should not be brought to the notice of the public.” The above words with which Mr. [...] In the present case the impugned plan contraveed the bye-laws in respect mainly of open space and attachment and the result of the construction to the adjacent owner was that his provision of light and air was substatially diminished. [...] The infringement in this case was in repect of side space and back space and bsides the extent of the Corporation's power to relax the rules an interesting question was mooted as to whether the term space " in Rule 32 had reference merely to the space between two buildings at the ground level or to the space between every part of a building and the land or building oppsite such part. [...] But whatever the reason for the strange doings of the Building Comittee the strangeness is there and the following picturesque summing up by Ameer 'Ali J. of the action of the Committee in the case before him would apply to most cases : "They (the members of the Committee) have had the courage of their opinions. [...] the Revenue Court but not by the High Court " It will be seen from the perusal of the case that his Lordship proceeded on the special finding that decrees passed by the High Court were outside the contemplation of the Act in so far as its conception of a debt was concerned.