The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 31 1926

In the reasons for making the declaration of emergency reference is made — to the recent disturbances in Calcutta when involved serious loss of life and property and extended with an interval of tranquillity from April and to the end of the month and which were due to conditions which have not yetbeen removed. [...] The legislature has left the matter entirely in.the discrAtion of the Court whether or not to allow a party to cross-examine his own winesses and it is the duty of the Court carefully to consider the circumstances under which leave for cross-examination is asked for. [...] But in relaxing the ordinary rules of examintion of witnesses it is the bounden duty of the 'Court to be cautioug not to act in such a manner as to create in the mind of the public an aversion against appearing in Court for the purpose of giving evidence. [...] If this sort of conduct on the part. of. the Magistracy is countenanced witnesses dawn from the illiterate classes would come to Court with a mandate as it were to take oath to speak the truth the whole truth and nothing but the truth and then proceed to depose in favour of the prosecution irrespective of the truth. [...] to maintain the fence intact and to patch up the gap if any ; and accordingly the case is no authority for the " turn-table doctrine." However Lord Macnaghten observes at p. 234 " Would not a private individual of common sense and ordinary intelligence placed in the position in which the complies were placed and possessing the -knowledge which must be attributed to them have seen that the