The Calcutta Law Journal Short Notes of Cases Articles and other Matters January to June 1922

But at the time of the creation of the debt and pledge agreement the jewels were in the possession of the defendant B who held not in behalf of but in opposition to A the alleged pledgee to the extent of advances made A on the security of these jewels of a larger sum than A's loan to the plaintiff the alleged pledgor. [...] The reason for the enactment may be found pehaps in the publication of the books above mentioned and in the idea of the legislature that it was now easy for the judges with the help of the Codes translated by that date and with the guidance of the pundits to correctly appreciate and apply the law of the Hindus to the Hindu litigants. [...] One effect of the administration of Hindu law by judges who had their training in the principles of the jurisprudence of the West had been to minimise the necessarily final character of the ceremonies and rituals and to rivet attention on some fundamentals as the essential juridical elment in the formation of the relation or in the completion of the transaction. [...] In Mitakshara families the son's liability is not limited to father's interest in the property only and the Judicial Committee declared in Hunooman Parsad's case that the freedoof the son from the obligtion to discharge the father's debts has reference to the nature of the debt and not to the nature of the estate whether ancestral or acquied by the creator of the debt. [...] The development of the law of Wills under the influence of the contact of the Hindu with the people of the West and the fostering care of the Courts in India also indicated a necessity for such rules.