The Calcutta Weekly Notes Monday August 2 1943

file Appellate Side May we draw the attention of the Hon’ble the Chief Justice and the Registrar to the condition to which the “ Appellate Side Rules ” namely the volume containing theny has now been reduced It is a fluttering mass of correction slips which it is almost impossible to handle. [...] The money rquired for the essential purpose of assisting the profession and the officers of the Court in administering the rules by putting them into a worliable form ought not to be grudged. [...] 8 r. 6 of the Civil Procedure Code are not exhaustive because apart from a legal set off which is expressly provided in the Civil Procedure Cede in rgard to an ascertained surf of money legally recoverable by the Difendant from the Plaintiff an equitable set off may also be pleaded in the Indian Courts If the Defedant's claim is shown to have arisen from the same transaction as the Plain [...] 92 of the Evidence Act no oral agreement is admissible to prove variation of the terms of a registered lease including a term as to the payment of rent; an agrement is nonetheless oral because it is to be inferred from the conduct of the parties e.g. [...] been framed or if the case is non-compounable and cognisable it is the dgty of the Magistrate in the interest of the general public to see whether an offence has been committed and to punish it if he thinks that the accused is guilty.