The Calcutta Weekly Notes Monday May 12 1919

On such emergencies arising officers of the Crown and public servants rsponsible for the maintenance of the peace are entitled with the aid of the military and of citizens tt use force to any extent including the destruction of life and property for the immdiate restoration of peace and order. [...] That it means the suspension of the ordinary civil and criminal law and the jurisdiction of the Civil and Criminal Courts and the assumption of powers by „officers of the Crown and the military as during the existence of war or of open rebellion which would be recognised by Law Courts as being justified by the necessity for the restoation of peace and order. [...] From what we have stated above it would appear that the Regulation only riterates the common law powers of the Crown to suspend the jurisdiction of the Criminal Courts during the existence of open rebellion and the powers of the military to punish the rebels who may be taken in arms or in open hostility or in the actual commission of any overt. [...] For the clause expressly provides for the punishment of those who shall be convicted thereof by sentence of a court martial during the suspesion of the functions of the ordinary Criminal Courts of Judicature and the establishment of the martial law shall be liable to immediate punishment of death. [...] On appeal the learned Subordinate Judge decreed the Plaintiff's suit holding the claims for dower Which was one of the considerations for the heba as well as the giving of the Tashbi in exchange had not been proved : Held—The 'passing of the consideration being not proved the heba was not valid as a simple gift without consideration.