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 10  1936

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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 10 1936

1936

Regarded from the stanpoint of the Court it affects the judicial jurisdiction to a material extent for the jurisdiction to determine whether a partcular conduct is misconduct is by the Act vested in the Court as a judicial tribunal and if the Court is not to decide such matters as a tribunal—or sitting as a tribunal is not to be guided by its own judicial opinion of the facts of a parti [...] Having regard to the prvisions of the Act and to the stage at which the question will fall to be considered we are clearly of opinion that the provisions are not only. indefensible from the standpoint of fairness and justice but contravening the provisions of the Act which contemplate only a judicial proceeding they are ultra vire:. [...] The very fact of the creation of the new penalty of fine (now declared ultra vire3 of the Act) appears to us to have had at the back of it a clear enough consciousness that suspension 53"liv THE CALCUTTA WEEKLY NOTES. [...] The Rules both Old and New ---e are firmly convinced are not only unreasonable and Ora vires on that ground alone but also calculated to interfere with the freedom of judgment and action on the part of a profession whose main claim to the gratitude of the general public has been the large share it has taken in the social and public life of the people and on that ground if on no other fraught [...] That is for the purpose of investigating into the objections to attachment and the raising of the attacment wholly or partially the possession of a tenant under the judgment-debtor is not regarded as antagonistic to the judgmendebtor however substantial the question whether the tenant is an occupancy tenant may be for other purposes; his possession is regarded as that of the judgment-debt
law
Pages
8
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 Short Notes of Important Decisions of Other High Courts in India Monday February 10 1936
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