The Calcutta Law Journal Short Notes of Cases Articles and other matters - March 1 1919

An application was made to review the case the Advocate-General having given a certificate in pursuance of clause 26 of the Letters Patent on the grourtd that certain material and important points in support of the case for the defence were not put before the jury by the learned Judge. [...] There was a note taken by the junior learned counsel on behalf of the accused which was very short and was nothing more than a statement of the various heads of the summing up of the learned Judge. [...] The matter was brought before the review Court some six months or more alter the case was tried Held that having regard to the memorandum of the learned Judge and the statements which v ere made by him during the course of the hearing the particular point urged was-put to the jury. [...] (c) not to dispose of the piano without the consent of the owners and (d) that in case of breacli of any of the above conditions the plaintiffs would be entitled to.retake the piano. [...] T7 1 Held that where the defendant has an interest in the goods and chattels converted the measure of damages is the value of the plaintiffs' interest as between himself and the defendant and therefore the plaintiffs are entitled to recover only the amount of the unpaid intalments.