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 Short Notes of Important Decisions of other High Courts in India Monday May 25 1931

The executive can act only in pursuance of the powers given to them by the law and if after certain emergency action has been taken it is challenged they must come before the Bar of the Court and there establish that the grounds which the law requires to exist if such action is to be taken were present in the particular case. [...] One may take heart from the noble and rsounding words in the present judgment which re-call some pronouncements of other (lays when the judiciary jealously guarded the liberty of the subject : In accorance with British jurisprudence no meber of the executive can interfere with the liberty or property of a British subject except on the condition that he can support the legality of his act [...] The practical objects of that requirtment are plainly two first that the mind of the Magitrate may not be distracted by other work in the midst of considering a complaint and secondly that the complainant or complaiants may not have any time to prepare for the examination after thei Magistrate has read the complaint and perhaps betrayed some signs of what he is thinking of the matter. [...] The purport of the remaining setions is given under the heading " subsdiary notes." We doubt if the appellation of important and unimportant is at all applcable to the prvisions of the Code. [...] Where the representations statements and answers to the medical examiner cotained in the proposal are made the basis of a contract of life insurance the materiality or otherwise of the statements etc.