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 April 25 1932

Athough the Privy Council has held that the Viceroy is the sole Judge of the emergency that would justify the issuing of an Ordnance to meet it yet there are other decsions of the Judicial Committee which would justify us in asserting that the Judicial Comittee and the Chartered High Courts in India are not precluded from enquiring into the question of the sufficiency of the emegen [...] In the rport of the Select Committee the object of this amendment like that of the other amenments of the section is said to be to simplify and cheapen litigation. [...] 8 of the Suits Valuation Act in a suit for acounts the value for the purposes of the court-fees and the value for the purposes of jurisdiction shall be the same. [...] 124A of the Penal Code applied to the High Court for a direction that the Magistrate before whom the case was pening de commit the accused to the Court of Sessions: Held (BEAUMONT C. J. and BARLEE J.)— That under the Criminal Procedure Code the Magistrate has a discretion to decide in what way the case shall be tried having rgard to the alternative given by the schedule. [...] The Magistrate must have regard to the importance of the case 1r and to the maximum penalty prescribe He must consider no doubt also whether he sends the case to the Court of Sessions there will be a Jury or Assessors and in that connection he may consider which of the two tribunals his own Court or the Session Court.