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 10 1911

THE ANNOUNCEMENT THAT THE INDIAN HIGH Courts Bill proposes to confer powers on the Government of India to create High Courts by notification with only the sanction of the Crown has not been well received in India This obviouly further reduces Parliamentary control over the IF THE SECRETARY OF STATE FOR INDIA AND THE Government of India are agreed upon such a course the sanction of Crown will b [...] The questions for decision were (r) whether the notice is open to the objection raised to it by the Plaintiff ; (2) if so is the declaration claimed ore that can be made in this action ; and 3) if it can be made ought it under the circumstances of this case to be made the making of such a declaration being a matter in the discretion of the Court. [...] In this case however there is of special tribunal appointed for the decision of the question raised by the Plaintiff If the Attorney General were to sue for the penalty the proceedings would be in this Court—namely the High Court of Justice on the revenue side of the King's Bench Division it is true but none the less in this Court. [...] They appealed to the District MagitTate of Burdwan who acquitted the accused on the ground inter alia that the place of occurrence was not within the criminal jurisdiction of Bnrwan but of the neighbouring District of Nadia; although no such objection was taken by the accused in the lower Court or in their grounds of appeal to the District Magistrate The complaiant then moved the High Co [...] But this agment overlooks the words "at the instance of the piny who could have appealed." Their Lordships then held that the High Court could deal with the order of acquittal (which they set aside) and ordered the Distrct Magistrate to rehear the appeal on the merits observing that the Magistrate had overlooked the provisions of sec.