The Calcutta Law Journal Short Notes of Cases Articles & Other Matters September 16 & October 1 1913

On an argument being raised in the High Court that the Sessions Judge having once admitted the appeal it was not open to the trying Judge afterwards to hold that no appeal lay their Lordships held that even in the absence of any provision in the Criminal Procedure Code for admitting appeals the mere fact of admission would not preclude the Court from dealing subsequently with the question of th [...] As regards the authorities the trend of decisions in the Madras and the Bombay High Courts is in favour of the doctrine of absolute privilege ; that in the Allahabad and Calcutta High Courts against it. [...] While the case was pending in the Criminal Court L applied to the Small Cause Court to pass a formal order of sanction in the manner prescribed by law and the Court granted the application. [...] Their province is the very different one of construing the language in which the Legislature has finally expressed its conclusions and if they undertake the other province which belongs to those who in making the laws have to endeavour to interpret the desire of the country they are in danger of going astray in a labyrinth to the character of which they have no sufficient guide. [...] The duty of the Court and its only duty is to expound the language of the Act in accordance with the settled rules of construction.