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  May 9  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 May 9 1938

1938

We leave aside for the moment the question that if the national Government of a province be dictaed to in this manner by extra-territorial leaders of the national movement and not left to be shaped by the wishes of the people whose Government it is there is obviously neither selgovernment nor provincial autnomy but only a centralised bureaucracy of the most self-willed type. [...] the party considering the actions of the Goernment from outside with a view to detemining whether the members of the Goverment shall retain membership of the party or shall be expelled or disowned; but it is strange and even preposterous that the party should seek to interfere in the actual work of administration and dictate what shall or shall not be done or set up a tribunal to examine [...] But when under the same deed either a specified part of the property for example a defined share in the property or a specified part of the income has been definitely set apart for public purposes then the mere fact that any other part of the property or any other specified part of the income is for private purposes would not take the case out of the provisions of Act XIV of 1920. [...] It must however be read in conjunction with the earlier part of the section which refers to questions whether of title or of priority and with the opening words of the section " suject to the provisions of this Act." In other words the term " or of any nature whatsever must be subject to the limitation cfuclew generis or to the limitation to orders not specifically provided for in the [...] The appointment of a receiver to take charge of the entire property which does not blong to the judgment-debtor would be cotrary to the provisions of Or.
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 May 9 1938
xciii-xcvi unknown view

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