The Calcutta Weekly Notes. Monday November 27 1933

Perhaps the Court and the Government take the same view of the matter which is the reason why no up-to-date edition of the entire body of the Appellate Side Rules is being undertaken. [...] At last the considerations which have weighed with their Lordships in chaning the Rules from time to time can be acertained for we understand the reason for the latest changes has been stated to be rduction of costs to the litigants and of costs of the Paper Book DeParttnerit to the Goverment. [...] On the one baud the view' hai been taken that the appeal was an eipen appeal and that it wal the duty of the High Cc )rt to review the whole of the evidence and to consider whther a proper decision had been arrived at on the findings giving of course due weight to the circumstance that the Court below had had the advantage of seeing the winesses. [...] Those two approaches to the question on the part of the Court of Appeal were obviously very divegent and the result of the one or the other would have very important consequences for the person who had been acquitted. [...] The Plaintiff brought the present suit for damages for the non-delivery of the sugar : Held (BEASLEY C. J. and BURN J.)—That the Defendant was entitled to refuse to give delivery of the goods unless the Plaintiff paid the increased duty.