The Calcutta Weekly Notes October 18 1948

It seems arbitration came in for a good deal of challenge from the Courts and there was a good crop of cases on the suject of arbitration; the most important was Chandanmull v. Clive Mills 52 C. W. N. 521 in which the question arose when does a clause relating to arbitration fall to the ground when frustration’ of contract is pleaded as a ground for avoiding the cotract? [...] Both the decisions lay down that it would depend upon the actual wording of the arbitration clause and that clause can be couched in such wide terms as to include frustration; of course so far as the actual wording is concerned the Privy - Council decided that the words “ arising under a contract ” would not be sufficient to make an arbtration clause applicable to the case of a frustration of [...] The question has often come before the Courts as to what is the period of limitation for a landlord (under the old section) or a tenant (under the new section) for an application for pre-emption under sec. [...] On the main point it has been held that the right of premption is independent of any service of notices and the right accrues as soon as the transfer is made. [...] The question was whether an application for ejectment under the Presidency Small Causes Courts Act is maintainable when the tenant appears and shows cause; or whether the jurisdiction of the Small Causes Courts Act is ousted as soon as the tenant appears.