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 July 14 1941

Justice Edgley’s method of interpreting the Act be correct and if the suit itself is to be pulled forward so that it stretches to the 1st of January 1939 then the effect practically is that the term “ pending ” is to be deemed to include “ not pending.” In the second place it does not appear to us that but for the interpretation suggested by Mr. [...] If therefore the decree-holder had already realised a sum in excess of the limits laid down in the Act and as regards the balance outstanding he preferred to leave well alone the judgment-debtor would not find it possible to bring the Act into operation for his relief : but the moment the decreholder started another execution there would be a suit to which the Act applied and the judgmen[...] Arising out of the doctrine that directors are agents of the Company a topic discussed by the author one might enquire whether and in what circumstances a notice to a director is equivalent to a notice to the Company; whether casual knowledge of a director in course of his prvate transactions as an individual can be deemed notice to the Company; or whether the notice to be effectual must be [...] 110 of the Civil Procedure Code means the same as the epression “ decree of the Court below.” Once an appeal has been decided the decree of the Court below is merged in that of the Apellate Court and strictly there is no longer in existence a decree of the trial Court. [...] The true test to find out whether a judgment of the High Court is one of affirmance or not is whether the decision of the Court below as a whole has been affirmed by the High Court and not whether the decision on the point or points left in dispute have been affirmed by the High Court.