The Calcutta Weekly Notes Monday May 3 1943

The substance of the decisions of the High Court of Calcutta and later on of the //Federal Court on the Defence of India laws is that on the home front the Government of India have not been defending the country in accordance with law. [...] The Allahabad High Court has refused to act upon newspaper reports of the decision and postponed the hearing of certain applications in the nature of habeus corpus till the production of a certified copy of the judgment of the Federal Court. [...] If the defect is a fundamental one the position affecting the liberties of a vast number of people is all the more serious and the light in which the Government of India is shown by the Federal Court’s judgment correspondingly less creditable. [...] What they hold in the present case are (i) that the doctrine of suspension of rent canot be applied in Bengal in any case of failure to give possession of a part of the demised land; (ii) that it was never held in li.atayani v. Udoy that the dectrine must be applied in all cases of failure to give possesion if the rent is a lump rental; and (iii) even if the doctrine applies in cases of dis [...] On the expunging of the name of a credtor from the list of creditors the insolvency Court has no power under the Provincial Insolvency Act to direct the refUnd of the dividend already paid to such creditor.