The Calcutta Weekly Notes Monday May 19 1919

The original proclamation of the Government of India was issued on the ground of certain parts of the Punjab being in a state of rebellion and if now the state of rebellion is a thing of the past and if it be necessary to continue the operation of martial law on account of the Afghan War it is adviable on the part of the Government of India to issue a fresh proclamation or to expressly say so. [...] If the one is bound to attend the call of the civil magitrate so also is the soldier ; if the one may interfere for that purpose when the occasion demands it without the requisition of the magistrate so may the other too; if the one may employ arms for that purpose where arms are necessary the soldier may do the same Undoubtedly the same exercise of discretion; which.requires the private s [...] On the other hand it was contended for the Respondent that if the Appellant was making a case founded on any negligence of the RoTodent the ordinary rule applied that the onus of proving not only the negligence complained of but that the loss complained of resulted from that negligence lay upon the Appellant. [...] When therefore the Respondent established the fact that the cows were stolen without any default on his part the onus of proof was shifted and it rested with the Appellant to prove some act of negligence connected with the loss of the cows in the sense that the loss may have been caused or contributed to by that act of negligence. [...] In both cases the breach of duty arises directly out of the contract of bailment and the case seems to be covered by the rule that the bailee must show that the loss of the goods was not due to any fault of his.own.