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 23 1932

Considering the circdstances in Which a harassed people ultimately secured the remedy of Habeas Corpus and the manner in which the' remedy has since been applied in the country of its origin we should think that the Court has power to examine the materials for itself even in the first class of cases and 'uphold or quash the custody order as it deems fit. [...] In the circustances how can the order itself carrying. with it the opinion of the Government that the detention is necessary be complete proof of legality in the absence of the statutory grounds being properly established? [...] Thereupon the defence Counsel did not argue the case at all and the accused were convicted : Held (DALIP SINGH and ABDUL QADJR jJ.)--That nothing which the accused can fairly get in to his own advantage by the legitimate employment of cross-examina tion while the case is in the hands of the prosecution deprives him of. [...] And the step-mother was apointed the guardian of the person of the minor On the application of the uncle and without consulting either the step-mother or the minor herself the District Judge ordered that the girl should be given in marriage within a month to a bridegroom selected by the uncle. [...] The step-mother preferred an appeal against this order : Held (PATKAR and TYABJI JJ.)—That when the proposal is made neither by the guardian for marriage nor by the guardian of the person appointed by the Court but is made by the guardian of the property of the minor the District Judge without exmining the minor and the guardian of the person and taking evidence on the point has no jurisd