cover image: The Calcutta Law Journal. December 16  1929

Premium

20.500.12592/r8m97m

The Calcutta Law Journal. December 16 1929

1929

And while no doubt where a clear line can be drawn the subsequent negligence is the only one to look to there are cases in which the two acts come so closely together and the second act of negligence is so much mixed up with the state of things brought about by the first act that the party secondly negligent might invoke the prior negligence as being part of the cause of the collision so as t [...] N. C. len Gupta (50 C. L. J. 4on) who while deploring the absence of the other side at the hearing of the case contend that the learned Judge has misconceived the law bearing on the case and opines tlsat if the other side had been reptesented the Oecision.would have"88n THE CALCUTTA LAW JOURNAL. [...] In other words it is contended that the itidgment is erroneous in law and on the following grounds :.— (r) The case comes within the terms of section !fa of the Government of India Act and therefore it should have been decided according to the personal law of the defendant which in the present case is the Hindu Law. [...] (2) In this case there being a c mflict of personal laws the law to be applicable has to be deter-alined by the application of the rules of Private International Law ail oapp lying such rules it must be held that the domicile of the wife follows that of her husband and therefore the personal law of the husband i. e. Hindu Law should have been applied. [...] In these circumstances it is manifest that there are only two courses open to the Court either following the principle enunciated by Sir Adam Brittleston to decide the case according to the law of the sect to which the plaintiff has become a convert or according to justice equity and good conscience ; and the adoption of either course will lead to the same result viz that arrived at in thi
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal. December 16 1929
85-92 unknown view

Related Topics

All