The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 28 1910

Jinnah put a question to the Government at the meeting of the Supreme Council on the 25th February last as to whether it proposed to take any steps to bring the law on the subject into confermity with the texts and the wishes of Mahomedans. [...] On the other hand it has been laid down that malice is not necessary ; that it is not a question of the Dfendant's wickedness but of the injury done to the reputation of the Plaintiff in the opinion of other men ; (Sheffill v. Van Deusen 13 Gray 304) and that to determine such injury the Courts will regard the tendency of the publication rather than the intention of the publisher ( Odgers [...] The Defendants further pleaded that the property in the necklace was in Goldschmidt and not in the 'Plaintiff as it was handed to him on sale or return." The learned Judge found that Goldschmidt acted in the ordinary course of a mercantile agent and that although he had authority to sell the necklace he was not empowered to pledge the same. [...] The lower Court came to the conclusion that those mistakes in the proceedings leading up to the sale constituted irregularities that the property was sold for a very inadequate price that the proprietors suffered substantial loss and that the loss was consequent on the irregularities. [...] The provisions of the Code of Civil Pre cedure and the Rules and Orders of this Com relating to execution of decrees and orders sha be applicable to the execution of orders passed b the High Court on applicati DOS under the Act."