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 July 15 1935

The diffculty is increased by the fact that principles of procedural law have not that generality of application that principles of substantive law have and almost in every case some original thinking is required of the Court in order to decide what procedure within the limits of the law would be fair in the cicumstances of the case or how rights have been affected by a particular procedur [...] It is but plain reason that the Bar which is concerned in the business of the Court as much as the Bench and the public for whom ultimately and at whose expense the Courts exist should be consulted before any change is made in the conditions under which they have so long worked. [...] What the correct and reasonable practice is can be seen by rferring to the course adopted in England when the late Lord Chancellor Lord Sakey proposed to introduce changes in the distribution of business in the High Court and to abolish the Court of Appeal. [...] 36 of the Act the validity of any election of a commissioner may be brought in question by " any person qualified to vote at the election to which such question refers." What reason is there to suppose as it seems to have been suppoed by all the three learned Judges that " the election " means the election of the partcular ward? [...] Reasons of the sort that the offence was a serious one or that the coplainant had been allotted part of the fine are not relevant because they do not aecount for the fine not having been recovered bfore the service of the sentence in default.