The Calcutta Law Journal Short Notes of Cases Articles and other Matters January to June 1923

The effect of this failure to distinguish between the purposes for which evidence may be given of a statement is to authorise the introdution of evidence of a statement to prove the facts stated and thus to frustrate one of the main if not the sole aims of the rule against hearsay. [...] It is doubtful whether the last "it" in the various explanatory oraaranlic refers to the fact immediately deposed to or the fact ultimately intended to be proved ; if it refers to the fact immediately depocel to evidence of statements by third persons will he freely admitted without any restriction ; and if it refers to the fact which the evidence is ultimately intended to prove the effect woul [...] The rule of exclusion then being a different rule and founded on different reasons subject to exceptions which are related to the reason of that rule and not to the reason of the rules as to relvancy it is only by an arbitrary use of the word relevant') that"XXXVIT.3 EIZARSAY 134 the two classes of evidence can be included in the ape cate WHY Whatever objection we nay have against the phraseo [...] The will did not deal with these properties and therefore the rights had to be considered apart from the Will so that there was the dispute with regard to the raj which was the most important matter in question whether the widows or widow were or was entitled to a widows' estate and also the dispute as to the self acquired property. [...] Upjohn :—"Notwithstanding anything in these rules where an application is made for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application the Court may instead of issuing a warrant for his arrest issue a notice calling upon him to appear before the Court." Lord Buckmaste