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 Short notes of Important Decisions of other High Courts in India Monday July 18 1932

Salmond is of opinion that the guardianship of an adult can never excuse the negligence of the Defendant towards the child but it may disprove the existence of any such negligence. [...] The jury found negligence on the part of the driver and contributory negligence on the part of the grand-father and assessed damages at £200. [...] The additions and alterations that were required through efflux of time have been added by the editors by reference to the changes in the law made by the legislature and judicial interpretations in continuation of the lectures in square brackets. [...] The Magistrate ordered the enforcement of the bond : Held (BEAUMONT C. J. and BROOMFIELD J.)—That having regard to the fact that the accused bound himself to appear on 24th August 1931 and no reference was made to the date for payment of the fine and no fresh bond was taken on subsequent dates and there being no evidence to show whether the Petitioner appeared on 24th August 1931 the order o [...] If the charge is that the evidence has been fabricated in connection with proceedings which are only contemplated by the accused then the burden will be upon the Crown to prove the fact that proceedings were cotemplated because the mere fabrication of accounts is not in itself a criminal offence.