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  April 4  1938

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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 April 4 1938

1938

One of the latest of such pronouncements was made by the Speaker of the Bengal Legislative Assembly when he ruled that no address could be presented by the Legislature to the Governor in respect of any matter which lay within the sphere of ministerial resposibility but an address could be presented only in respect of a matter which lay within the discretion and individual judgment of the Govern [...] To say therefore that to invoke the Governor's interference in such matters is to invite an encroachment on the independence of the Ministers and on the scheme of autonomy enshrined in the Act is to give the Ministers a status which they do not possess. [...] The scope of the appeal must be the validity of the objections to the sale itself and since no evidence has been recored or finding arrived at by the trial Court on the questions of fact raised it is difficult to see how or to what purpose the Appellate Court could deal with the matter. [...] The Civil Courts are charged with two functions: (a) the decision of suits on the merits and (b) the collection of revenue on behalf of the Crown and the revisional juridiction of an Appellate Court can be invoked against the decision of the first Court in either capacity provided the question of jurisdiction is involved. [...] For in the first place he is not a party to the dispute between the Crown and the Plaintiff ; secondly he has a remedy should the decision on the merits be against him in bringing the matter of the duty to the notice of the Appellate Court under sec.
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 Short Notes of Important Decisions of other High Courts in India Monday April 4 1938
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