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  June 20  1927

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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 June 20 1927

1927

In prnouncing on the validity of a statute the Supreme Court must therefore consider whether the interests of the society needed the measure and whether there has been a legitimate exetion of the " police power." Three tests it appears from the decision have been applied for determining this :—(1.) The object of the legislature must be permissible ; (II) the means must have a substantial [...] The most vigorously debated question hoever is that of the propriety of a Court of law sitting in judgment over the steps taken by a State as to matters of which it is the best judge. [...] In undertaking to examine the validity of a statute the Court takes upon itself the duty of weighing the individual interests comprehen'ed under the very general terms of life liberty and property and the claims of the State susumed under the equally general phrase police power." But wherefrom is a Judge to obtain his knowledge of what is for the " pulic good " and yet not subversive [...] 183 is not that the under-raiyats of a particular locality would have a right of occupancy but that " an under-raiyat should under certain circumstances have a _right of occupancy." The former is inconsistent with the provisions of the Act but not the latter. [...] The importance of securing to the actual tillers of the soil a certainty of enjoyment of the fruits of their own labour admits of no doubt.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 20 1927
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