Selection of Leading Cases for the use of B.S. Students - Law of Evidence (Supplementary Cases)

The plaintiff contends that having regard to the decision of a Division Bench of this Court in the ease of Jliggernanth Sewbux v. Ram Lyal' the defendant cannot do this whilst the defendant urges that he is so entitled having regard to the observations of their Lordships of the Privy Council in the case of Kong Yee Lone Co. [...] Evidence has been adduced to prove that Pulin Behary Das and some of his associates were convicted in 1912 of offences under section 1.21A of the Indian Penal Code bate no evidence has been given as to the nature of the activities of the Samiti of the different grades of its members and of the extent of their participation in the ultimate aims and purposes of the society ; proof in these respec [...] Undoubtedly the proof of the case against the prisoner must depend for its support not upon the absence or want of any explanation on the part of the prisoner hiliaself but upon the positive affirmative evidence of his guilt that is given by the Crown. [...]. The view Ave take is to some extent supporteby the decision of the Judicial Committee in Kalagurla v. Tarlatgadda 2. It may finally be added that the matter is eminently one in the discretion of the trig Judge and his decision is practically conclusive : Price v. Nanning * ; Rice v. Howard 4 In the course of the trial before the Sessions Judge a persistent effort was made by the defence [...] 18 the lease granted to the lessee and the lessor or his legal representative accepts rent from the lessee or otherwise assents to his continuing in possession the lease is in the absence of an agreement to the contrary renewed from year to year or from month to month according to the purpose for which the property is leased as specified in section 106.