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 26  1941

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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 26 1941

1941

He was one of the Senior Members of the Calcutta Bar who joined the Patna High Court on its being carved out of the Calcutta High Court after the separation of the Province of Bihar and Orissa from the Presidency of Bengal. [...] The Federal Court in substance holds that at the dates the Council of State passed the Act and the Governor-General gave his assent agricultural land had become the eclusive province of the Provincial legisltures and the intention of the legislature must therefore be deemed to have been not to legislate with respect to such land. [...] In those circumstances the correct procdure would have been since the present legislature is to be deemed to be the same as the old legislature to send the Act back to the Assembly for its assent to the amenment made. [...] The question arose before the Federal Court as to the intention of the Council of State with regard to the husband's "prperty " appearine in the Bill which had come up from the Assembly. [...] The Federal Court ignored all the circumstances ignored the meaning with which the word " property " came from the Assembly ignored the purpose of the Bill and based its decision on the legal presumption that the intention was to mean what the Council of State was legally competent to do under the Seventh Schedule.
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 26 1941
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