The Calcutta Law Journal Short Notes of Cases Articles and Other Matters January 1 1911

Justice Beaman and in the other that of Lord Collins is the subject matter of his criticism— one case is reported in the Indian Law Reports and the other in a part of the Law Reports of the Incorporated Council of Law Reporting in England of which Sir Frederick Pollock himself is the editor. [...] In the Mufussil the Courts of the East India Company under the provisions of different Reglations used to decide a good many cases according to the rules of "justice equity and good conscience " and in so doing the Judges willingly and unwillingly introduced the rules oEnglish Law into India Even the different Civil Courts Acts in British India and the Charters of the different Chartere [...] On the contrary the very mention of the opinion of Judges like Holmes Bigelow Shaw and others will in many cases add to the weight of the decision of the Judges in British India and will in a country like India make the task of Legislators easy. [...] the danger of introducing the principles of foreign law not suited to the condition of the people of the country ; because the Judges being Indians they know the people and the law of the part of the country where they administer justice. [...] The introduction of or reference to the equitable principles of Western jurisprudence by the Judges of the Indian High Courts makes the task of the Anglo-Indian Legislators easier and creates a spirit of enquiry in the minds of the students of law which is of vital iportance in these days of the study of comparative jurisprudence.