cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and other Matters  March 16  1929

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The Calcutta Law Journal Short Notes of Cases Articles and other Matters March 16 1929

1929

This case came up before the High Court on application by the accused and the questions were whether the whole scheme was a lottery and whether the act of the accused fell within the provisions of section 294A Indian Penal Code. [...] Take for instance the definition of contract as a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognises as a duty." This is a far more adequate and coprehensive definition of contract than any with which we are familiar and embraces a larger number of agreements than could be brought under the definition of the India [...] One notices that the authors of the draft are extremely anxious to depart as little as possible from the accepted principles of the law as administered by the Courts. [...] The authors of the draft meet this criticism not by recognising contracts without consideration in the mutual contract which would be upsetting a great deal of the common Law theory but by a restatement of the definition of consideration. [...] Throughout the draft one notices similar care and anxiety to notice and provide for every valid criticism of the accepted statments of the law and the restatements in this draft are accompaned by explanatory notes and illustrations which bring out the Tietions at issue without burdening the statement of the law with elborate controversies a thorough re consideration of the common Law o
law
Pages
4
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal Short Notes of Cases Articles and other Matters March 16 1929
27-30 Ashutosh Mukerji, Ramendra Majumdar view

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