The Calcutta Law Journal Short Notes of Cases Articles and Other Matters July to December 1944

On appeal by the assignee of the mortgage decree: Held per Krisknaswami Ayyangar and Somayya Jj.]—that the degree and nature of attachment of the machinery to the land or building is only a minor consideration and the real consideration is the intention of the person concerned in installing the same that as the purchase of the machinery and site from different persons was for the purpose of carry [...] Lastly they observe that it is hardly the time to push on with a legislative measure of such a far-reaching character in the face of the honest and determined opposition of the bulk of the Hindu Society. [...] And it may be noted in this connexion that agricultural land constitutes by far the bulk of immoveable propeties in Bengal nay in the whole of India ; and as has already been judicially held the expression " agricultural land " embraces within its scope a large variety of interests from that of the prprietor of the highest grade to that of the actual tiller of the soil'"ion THE CALCUTTA [...] The other matter to which we should like to refer is the prposed itichision of the daughter in the list of simultaneous heirs under Class I. This we consider to be a change of a revolutionary character which of all the proposals in the Code has perhaps evoked the strongest and most widely expressed protest. [...] In our view the Code is unnecessary and even harmful ; it is opposed to the ideas and sentiments of the Hindu society ; and some of its provisions such as those in marriage and inheritance are calculated to cause serious disturbances in the society and family which will surely lead to the weakening of the economic political and family life of the community.16 1 THE CALCUTTA LAW JOURNAL.