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 the English Law Courts Monday November 17 1924

Leave for the introduction of a Bill in the Indian Legislature may be refused by the Governor-General on the ground that he has already given sanction to the Governor of the Province concerned to introduce a Bill in the Bengal Legislative CoAncil for passing the Ordinance into law. [...] 72E of the Governnient of India Act which provides that if the Legislative Council has rfused leave to introduce or has failed to pass in a form recommended by the Governor any Bill relating to a reserved subject the Governor may certify that the passage of the Bill is essential for the dicharge of his responsibility for the subject and thereupon the Bill shall be deemed to be passed." [...] In case of rejection by the Council and certification by the Governor the only constitutional course open to the mebers would be to resign their seats and appeal to the country as was proposed to be done by the members of the Legislative Assembly and actually done by some of them when the Finance Bill doubling the salt tax was certified by the Governor-General. [...] That section says that when a person is accuse‘i of any offence the burden of proving the exisence of circumstances bringing the case within any of the general exceptions of the Indian Penal Code or \Rhin any special exception or proviso contained in any other part of the same Code or in any law defining the offence is upon him and the Court shall presume the absence of such circumstances. [...] 5 of the Act says : Subject to the provisions of this Act the Court in regard to proceedings under the Act shall have the same powers and shall follow the same procedure as it has and follows in the exercise of Original Civil jurisdiction." It is perhaps questionable if any useful guidance is to be sought for on the question under cosideratiatn from the language of sec.