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  December 2  1940

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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 December 2 1940

1940

The savjpg cause we think can apply only to two cases; (0 to the ease of a Judge who had pasSed sixty and was enjoying an eOnsion of term at the time when the new Act came into force; and (ii) to the case of 4 Judge appointed under the old Act whom the authorities are minded to grant an extension after he has passed sixty. [...] The new Act will not have the effect of causing the cessation of his service at sixty in spite of the desire of the authorities to grant him an extension ; if he would not have been rquired to retire at sixty if the old Act were in force he would not be so required now. [...] ay April - 1937 the earns day on which the rlevant portions of the Act came into force and the second clause of paragraph 27 is in the following terms: The conditions of service of any such Judge as aforesaid (i.e. [...] one who was serving as a judge in India at the commencement of this Order) shall continue to be governed by the rules to which he was subject immediately before the commencement of this Order." It may be said that this provision refers oiiiy to rules and during the time of the old Act there was no rule relating to exteeion of term beyond the age of sixty years. [...] The White Paper issued on the authority of the British Parliament in Dcember 1931 contained a recommendation to the effect that the tenure of office of a High Court Judge should cease on his ataining his 62nd year but the Joint Comittee rejected this proposal and came to the conclusion that Judges of High Court should continue in office until they attain the age of 60 years.
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 December 2 1940
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