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 Short Notes of Important Decisions of Other High Courts in India  Monday  February 29  1932

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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 Short Notes of Important Decisions of Other High Courts in India Monday February 29 1932

1932

Berriedale Keith in the columns of the Journal of the Society of Comparative Legislation as regards the likely effect of the Statute of Westminister on the existing relationship between the Dominions and the Privy Council. [...] The denial was clearly u/h a under the judicial Committee Act of 1844 and was so pronounced in the unhappy case of Nadan v. The King t926] A. C. 482 for the ruling of the judicial Comittee though inevitable was without profit to the appellant and on the other hand evoked annoyance in the Dominion The cessation of the app ication of the Colonial Laws Validity Act to the legislation of the [...] As regards criminal matters the federal power extends to the regulation of criminal procedure under s. 91 (27) of the constitution and the abolition of the appeal to the Privy Council from any pr vincial courts and from the Supreme Court may be effected by simple act of the Dominion Parliament when the Statute is passed. [...] It may again be pointed out at the risk of repetition that the circumstance which invalidates a sub-lease namely the absence of the landlord's consent cannot thwart the accrual of the right of occupanc∎. Indeed when in al] these cases the proteetibility of the under-raiyat's right of occupancy was discussed it was assumed that the right had already accrued and that inspite of the asence [...] The enquiry is for the purpose of ascertaiing whether there is evidence in support of the complainant's charge so as to justify the issue of a process and the commencement of the proceedings against the accused and is not intended to cover an enquiry by the Magistrate as to whether unproved allegation exonerates him.
law
Pages
4
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 Short Notes of Important Decisions of Other High Courts in India Monday February 29 1932
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