The Calcutta Law Journal Short Notes of the Cases Articles and other matters January 16 & February 1 1917

Justice Beaman in point of appreciation and enunciation of principles the most remarkable feature of the judgment being the courage of the Judge and the cogency of his reasoning in exposing the confusion introduced into the subject. [...] Did the authorities expect any learning in the Civilian judges ? Was it right to perpetuate an offensive distinction in a public document of the highest importance ? Now look at the last paragraph of the Despatch of the Secretary of'State accompanying the Letters Patent. [...] It speaks of "the trained learning of the judges selected from the Bar" and of "the knowledge of the language feelings and habits of the natives of India possessed by the other members of the Court." The additional advantage of the"/2n ME CALCUTTA LAW JOURNAL. [...] In this connection one cannot fail to notice the effect of the practical diappearance of the European element from the constitution of the Bar. [...] If however the attitude of the living and not of the dead is to determine our conduct where is the knowledge adequate for the purpose ? Generations of lawyers have been misled as to the fundamental principles of the Mitakshara.