The Calcutta Law Journal Short Notes of Cases Articles and other Matters September 1 1909

5. MOTIVE AS AN ELEMENT IN TORTS—( Concluded.) In England on the contrary there are decisions in many branches of the law which clearly affirm the absolute character of legal rights irrespective of the motives of the person who enforces them or of his want of legitimate interest. [...] In the words of Bowen L. J. the broad canon is true that in the present day and according to our present law the bringing of an ordinary action however maliciously and however great the want of reasonable and probable cause will not support a subsequent action for malicious prosecution." The plaintiff in such a vexatious or malicious suit cannot even be condemned to pay the defendant's " [...] The absolute rights of the landowner the right of bringing a civil suit and the cases in the law of libel in which there exists an absolute privilege such as that enjoyed by a legislator or a judge are familiar examples. [...] The whole subject of mortgages is dealt with on the basis of the sections of the Transfer of Property Act and this circumstance interferes to sonic extent with the character of the book as an organic whole. [...] If the work is considered from the point of view of the practitioner it will not satisfy because it is not encubered with a multitude of cases and it is quite conceivable that if a suggestion was now made to appoint the subject in question for the Tagore Professorship the University would hardly deem it necessary to do so in view of the excellent work of Messrs.