AIR 1920 CALCUTTA 478 ::1920 Cri LJ(2) 98 (CAL) ::(1919) 30 Cal LJ(79) 289 ::1919 (30) Cal LJ 289 ::(1919) 23 Cal WN(81) 1057 ::1920 ILR (47) CAL 190 ::(1920) 54 Ind Cas 578

Calcutta High Court

Hon'ble Judge(s): Sir John Woodroffe, Kt, Sir Asutosh Mookerjee, Kt, Sir Ernest Fletcher, Kt , JJJ

Press Act (1 of 1910) , S.4, S.17, S.22— Forfeiture of security - Application to set aside forfeiture - High Court, duty of - Construction of documents - Intention of author, whether material - Object of Act. In dealing with an application under section 17 of the Press Act to set aside an order directing the forfeiture of security, the Court has to see that the matter which is the subject of the order is not obnoxious to the provisions of section 4 (1) of the Act, as if it contain words of the nature described in sub-section (1) of the section, the Court cannot, under section 22, set aside the forfeiture.(Para 113,col2 122,col.1) In considering whether a document offends against clauses (a) to (f) of section 4 (1) of the Press Act, the Court has nothing to do with the intention of the author: it has to look at the document and after a fair reading ascertain what is its meaning and then say whether the words were of the nature of tendency mentioned in the clauses.(Para 114,col2 123,col.2) The intention of the author is material Only where the Court has to deal with comments on the measures or actions of Government, or the administration of justice such comments are protected if they are made with a view to obtain an alteration by lawful means of the measure....