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 June 10 1912

The case under notice furnishes a very instructive application of the principle to the facts of the case and it is sincerely to be hoped that it will help materially to lay at rest the innumerable puzzles which lie embedded in the decisions of the Courts in this country concerning the supposed distinction between liquidated damages and penalty. [...] that if a solicitor heard of an injury to a client and honestly took pains to inform himself whether there was a bond file cause of action it was co- sistent with the honour of the profession that the solicitor should take up the actiOn." What the law both in the Statute and tlf e Common Law seeks to prevent is the solicitor agreeing to partcipate in the profits of the litigation. [...] His Lordship after discussing the signifcance of the silence of the Bengal Tenancy Act on the point observed as follows : " Of course if occupancy-holdings were transferable under the law as it stood before the passing of the Bengal Tenancy Act they would continue to be transferable as there is nothing in the Act to the contrary. [...] During the trial one of the Jurors said to counsel for the Appellant " Your client has not called any evidence as to his previous character and he has not gone into the box to say whether he knew the other prisoner." The Judge therupon said "He is not bound to." That having taken place the trial proceeded and on the next day the jury returned into Court and in answer to the clerk the forem [...] -Was champerty of this kind illegal In In re Attorneys and Solicitor Act (supra) Sir George Jessel said :—"I may however say for the guidance of the parties that the agreement is in my opinion pure champerty as it gives to the solicitor in the event of success what is equivalent to a tenth part of the property to be recovered." That was the case here except that the Respondent was to ha