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 June 7 1926

CALCUTTA WEEKLY NOTES." SIR In a previous issue.of your journal I attempted to state the law as to the right of the members of a procession against interfeence and the authority of the public officers to interfere with a procession for the purpose 4 )f preserving-the peace was considered specialy in reference to the authority of police officers in that respect. [...] When there is want of mutual toleration both communities insist on thetr right to the free exercise of religion and the imminence of a breach of the peace if threatened by such conflict of rights calls forth special powers of public servants to deal with the situation. [...] Ordinarily these powers are to be exercised in defence of rights and in represion of illegal acts bat when the equally "V alid rights of two commtnities clash with each other and peace cannot be maintained othewise than by interfering with a legal right the Magistrate may interdict the exercise of a legal right owing to the necessity of preserving the peace but from the very nature of tho [...] 203 it has been affirmed that in case of an emergency this authority to 1;uspend the exercise of the rights is extraordinary and the Magistrate should resort to it only when lie is satisfied that other powers with which he is entrusted are iiisufficient and that this authority is limited by the special ends it was designed to secure and is not destructive of the suspended rights. [...] In disposing of the appeal the Couil inter (ilia observed :— This is a case where an (impasse has been arrived at by reason of a change in the condtion of certain mortgaged premises between the date of the mortgage and the date on which they were put up for sale. The Vakil for the Respondents has pointed out very fairly that the justice and good conscience of the case is that his clien