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 August 8 1932

We consider it safer and better to invite to the question the attention of the Hon’ble Judges and to remain in the hope that the Registrar will soon issue another circular letter interpreting the interpretation of the. [...] The factor common to both forms is the element of the instigator actually operating on the person instigated which we conteive is the basis of the offence—on the one hand sufficient and on the other hand necessary. [...] In the present case the prosecution story which is apparently accepted was that the accused had posted an inflammatory leaflet on the gate of the public library of the town though they did it at dead of night. [...] The accused could not anticipate that the leaflet would be removed by the police and certainly did not contemplate rmoving it themselves before daylight so that there is no room for the theory that the scope of the leaflet's operation would be liinited to the hours of darkness. [...] If the Court finds that it is obvious from the rule that the amount of the loss must be estimated and fixed by the Court and then the rule prvides that that amount may be recovered by the attachment and sale of the Receiver's property.