cover image: 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  July 4  1910

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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 July 4 1910

1910

THIS IS WHAT THE Law Journal OF ENGLAND says abotit Savarkar's application before the King's Bench :- The writ of habeas corpus does not seem to have the same potency in protecting the subject from the arbitrary will of the Executive which it had of old in protecting him from the oppression of the Sovereign. [...] A few months ago the Divisional Court and the Court of Appeal discharged the order for the writ to bring up the body of the African chief Sekgome who has been detained for some years in custody in virtue of a proclamtion issued by the governor which took away any right of trial in the Courts of the protectorate. [...] Not the least commendable feature of the new edition is that within the compass of 30o pages dealing with the leading principles of the subject references to nearly 1200 cases have been given without any break in the continuity of the exposition of the law. [...] so which gave the Court a discretion in the matter of ordering the return of the offender where it would be unjust or oppressive or too severe a punishment to do so having regard to the trivial nature of the case or to the fact that the application for the return of the fugitive was not made in good faith. [...] Having regard to the gravity of the case the charge of sedition if sedition it were in India the sending of arms to India and the use of them there he did not see how it could be said that because there was a diffculty in securing the attendance of four witnesses who were only material to a very small part of the case that that made it unjust or oppressive that the accused should be sent to
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
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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 July 4 1910
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