The Calcutta Law Journal July 1st & 16th 1930

In that class of cases in which the prosecution is conducted in the name of The King-Emperor on the complaint of X " (a private person) a difficulty often arises when the matter comes up to the High Court in revision. [...] In this case the accused was convicted under S2ctions 323 and 324 Indian Penal Code and in the High Court the accused prayed for the setting aside of the conviction or at least for the applic ation to him of Section 562 of the Code of Criminal Procedure: The complainant was heard in spite of the usual objection as regards want of notice and the Rule was dis-"an TN& CALCUTTA LAW JOURNAL. [...] LII charged when the fact (not stated in the accused's petition) that the accused had assaulted one of the complainants a few months before the present occurrence and that on the complainant instituting criminal proceedings the accused avoided the issue by paying some money to the complainant and filing an undertaking in Court signed by himself and his father not to molest the coplainant in [...] In both the above cases I appeared on behalf of the complainant and my submission in both the cases was that the King-Emperor's name is used in these cases more as a matter of form than anything and that the person vitally interested in the matter from start to finish and likely to lose or gain in the failure or success of the proceedings is n)t Llis Majesty but the complainant. [...] Held (per Atuherji J.) that the word deterioration in section 77 of the Railways Act includes loss in value owing to delay in delvery and a fall in the market value of the commodity consigned and suit for the recovery of such loss is not maintainable without the notice under section 77 of the Railways Act.