The Calcutta Law Journal March 1 1912

Further more if negligence is to be the basis of liability for words regarded from the standpoint of misrepresentation the same test should logically be applied to defamatory words ; but the whole law of defamation is inconsistent with any application of the law of negligence to either spoken or written words for the law governing defamation “ is not a law requiring care and caution in greater [...] Some members at least of the Court tried to rest the case on the ground that the defendants were not using the published words of the prospectus in the natural sense in which the plaintiff understood them ; but that “ made for the directors can by any body ever have been supposed to mean "made for some one else” is absurd and all members of the Court lay stress on the point that the defendants di [...] The result is a valuable commentary from the point of view not so much of the busy practitioner in search of the latest decision but rather of the serious student in search of principles and their history. [...] Held also that the judgment under section 133 of the Code of Criminal Procedure was admissible under section 42 of the Evidence Act and the report under the said section 133 of the Code of Criminal Procedure was also admissible under section 35. [...] There is no statutory period for the acquisition of a customary right to bury the dead ; but when such right was put forward and the title of the plaintiff’s lessor was not impugned the burden of proving it rested od the defendants.