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  July 7  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 July 7 1941

1941

The difference is due to the fact that ordinarily the powers of a legislature undergo no alteration during the passage of a Bill : whereas in this case the powers of the Central Legilature were reduced when the Bill was pening in the Council of State. [...] In the circumstance of the Government of India Act coming into force during the pendency of the Bill the dates of the different stages of the Bill became relevant. [...] Anyhow the failure of the Federal Court to win the confidence of the legal profession is not the fault of the profession. [...] to be ascertained is the intention of the legislature ; that where general words have been used the intention must be taken as circumscribed by the powers of the legislature and yet to disregard dates in a case where the Legislature consists of three branches and the powers changed during the passage of the measure through the successive branches appears to us to be impossible. [...] For instance when the Plaintiff states in the plaint that the notice has been served on a certain date which is beyond two months of the date of the suit and the Secretary of State does not raise any objection the Secretary of State would be debarred from challenging those facts in the course of the trial.
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 July 7 1941
cxxix-cxxxii unknown view

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