The Calcutta Weekly Notes Monday July 26 1943

indicated in the following pasage occurring in the judgment of the Hon’ble the Chief Justice in the case of Susil Kumar Bose v. The Emperor. [...] 3 of the new Ordinance was ultra vires inamuch as it validated the sentences passed by the Special Courts which carried along with it the validation of the convictions and necessarily the rehabilitation of the diction of the Special Courts which had been set up under a law since declared void and which had therefore been declared to have had no legal authority to try the cases they had tried [...] It was in effect only a Provision for the indemnity of the jailor in whose custody the convicted persons would be or the officers of the Court with whom the fines paid would be lying during the interval between the declaration of the ivalidity of Ordinance II and the quashing of the sentences. [...] The order of the Court was as follows:— We direct that the conviction in this ease be set aside and that the applicant be released but that he be re-arrested and dealt with in the ordinary Court accoring to the ordinary process of ]aw. [...] 53 of the Act can be invoked in the case of Court sales and the Court can remedy the injustice done to a creditor where a person has obtained a transfer of property under an order of Court as the result of a gross fraud.