cover image: The Calcutta Weekly Notes. Monday  December 21  1903

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The Calcutta Weekly Notes. Monday December 21 1903

1903

its “limb and the body.” Dreaming of the 1 ind of the Grand Lama the Government of India might as well have told us that the Ganges is henceforth to form the southern boundary of Thibet and that Northern Bengal is to be regarded in future as a part of the kingdom that is to come with only the difference that the personal rule of the Lama is to he vested in a member of the Indian Civil Service. [...] Risley further admits the claim of the people of Ganjam to come under the Government of Bengal and the University of Calcutta because of their language and quotes in support a passage from their petition in which they describe themselves as "a limb separated from the body" of the rest of the Uriya-speaking people. [...] It is not essential to the application of the principle of Tay/or v. Caldwell that the direct subject of the contract should perish or fail to be in existence at the date of peiformanee of the contract. [...] In the present case the condition which fails and prevents the achievement of that which was in the contemplation of both parties the foundation of the contract is not expressly mentioned either as a condition of the contract or the purpose of it but I think for the reasons which I have given that the principle of Taylor v. Calwell ought to be applied. [...] 311) that in the case of contracts falling directly within the rule of Taylor v. Caldwell the subsequent impossibility does not affect rights already acquired because the Defendant had the whole of June 24 to pay the balance and the public announcement that the Coronation and processions would not take place on the proclaimed days was made early on the morning of the 24th and no cause of actio
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday December 21 1903
xli-xlviii unknown view

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