The Calcutta Law Journal Short Notes of Cases Articles and Other Matters - March 16 April 1 April 16 & May 1 1919

With regard to the word "Yukti" we find in `Sidhanta-Kaumudi"— under the heading 4;vr43# (2) and also (3) We also find in the same Grammar—under the heading kiktifi ittztt VIITelS141-R: (4) t We therefore find that the root means—Eolvf or ;iii1F4 that is to say "Combining." We find from the Sanskrit Grammar 111-”=Tifv that is to say the word "Yukti" is obtained from the root—Tur by adding Su [...] 4 f Matter has been made quite clear by the labours of the greatest scholar of the age the Hon'ble Justice Sir Ashutosh Mookerji S arswati Knight who has edited The Vyavahara Matrika of jimutvahana " through the medium of the Asiatic Society of Bengal. [...] We find at page 282 of the Memoirs of the Society that both the Texts of Vrihaspati and Narada are cited by Jimutavahana. [...] By a decision annulling an usage there is a loss of "Dharma." The Text of Narada should be translated as follows:— "When there is a conflict in the Dharma Shastras the rule based upon usage should be adopted inasmuch as Usage is stronger and overules the Texts of law." Their Lordships of the Privy Council in the well-known case of the Collector of Madura v. Mootto Ramlinga Sath'upathy (I) [...] IJeld that such a commitment to the Sessions Judge is bad under section 254 of the Criminal Procedure Code and that in a case w hich the Magistrate was competent to try he should himself proceed with the trial of the case unless he was of opinion that he could not punish the offence adequately.