The Calcutta Weekly Notes June 21 1948

If they hold that the facts do not prove the offence with which the accused is charged and the facts that have been proved reduce it to a minor offence they must say in the context of the present case “ not guilty under sec. [...] The Court after entering into merits in the absence of the Appellant even for the purposes of Or. [...] The point was not whether the Court can or should go into the merits for the purpose of dismissing an appeal under Order 41 r. 11 C. P. 0 in the absence of the Appellant A8311111C that it cannot or should not. [...] Or is the Court bound to wait for the assistance of the absent appellant even if it does not require such assistance to admit his appeal I Is the only alternative open to the 'Court to dismiss the appeal for default Dispensers of justice prefer the 'first course dispowrs of cases the last ... Why try to cast them in the some mould)—Ed? [...] The claim of a Hindu widow or a deceased co-parcener to be maintained out of the family estate is not charged on the estate till by agreement of parties or decree of Court a charge is created or a specified portion of such estate and if before it is so created any portion of the family estate is sold or mortgaged for the discharge of debts which have precedence over the widow's claim.