The Calcutta Weekly Notes Monday August 9 1943

The Court was divided in the proportion of two to one but it appears to us that the practical effect of the two different views taken was really the same. [...] The other view was that the Goveqtbi-General accepting the position that the sentences were unsustainable and intending that they should be set aside at sight had left them to be so set aside by the Courts and only conferred on them an interim valdity for the protection of the jailor or the officers of the Court with whom fines paid under the invalid sentences might be lying. [...] When the Local Government has delegated its powers of appointment and dismissal of certain officers to some person the authrity which actually removes the public sevant from office is not the authority of the Local Government but the authority to whom the power is delegated. [...] In order to attract the operation of see!! i97 of the Criminal Procedure Code it is not necessary that the act complained of should actually have been done while the public servant was acting or purporting to act in the discharge of his official duty7 What the section requires is that the act shall he alleged to have been so done. [...] If it is so alleged the section applies even though the 'act be of such a nature that it is entirely outside the scope of the duty of the public servant concerned.