The Calcutta Law Journal Short Notes of Cases Articles and other matters December 1 1914

Where the karnarvan of a Malabar tarwad sued a junior member for recovery of tarwad money received by the latter but withheld by him in denial of plaintiff's right it was held that the suit was governed by Article 62 of the Limitation Act for the defendant here had received the money for the use of the plaintiff as representing the larwad. [...] Or as was put in Mahomed Wahib v. Mahomed Ameer (k) where the application of thi3 Article is fully discussed the detedant had received monies belonging to the plaintiff which t.r aqua Pt bono he ought to refund ; the plaintiff's cause of action therfore was for money had and received to the plaintiff's use and the money was none the less received to the use of the plaintiff because [...] The question in this case was whether an order passed by the High Court rejecting an application by the petitioner to he brought on the record as the legal representative to a deceased party to a pending appeal (and ordering instead the names of the natural heirs of the deceased to be substituted in his place) was appealable to His Majesty in Council. [...] It was clearly not appealable under the provisions of sections tog and t to of the Civil Procedure Code but the right of appeal was claimed under clause 39 of the Amended Letters Patent of the Bombay High Court. [...] The High Court in this case affirmed the death sentence passed on the accused persons under Section 302 of the Indian Penal Code but set aside the order of forfeiture under Section 62 which the Sessions Judge had also passed in respect of all the property of one of them.