cover image: The Calcutta Weekly Notes  Monday  June 7  1943

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The Calcutta Weekly Notes Monday June 7 1943

1943

In the present case the applicants had been dtained in the interest as was alleged of the defence of the realm by orders expressed to be thosp of the Governor himself made in exercise of special powers conferred on him by emergency legislation passed at a time of grave external danger. [...] The issue of the legal challenge to that executive act whether right or wrong on the merits is a forceful reminder that the rule of law still prevails that the Courts are still supreme and that whatever the source from which the executive act emanated if the High Court is satisfied that the act was not in accordance with the emergency law as it stands or that the law itself is invalid it will [...] In rcent years there have been other applictions for a writ of or in the nature of habeas corpus but beyond eliciting learned judgments to the effect that the applications did not lie either as a matter of law or on the facts of the case they produced nothing. [...] The action of their Lordships in clearing the Court-room of police officers when the liberation order was pronounced served to emphasise with dramatic effect the suprmacy of the Court over all other branches of the administration. [...] 2 (3) and 22 of the Lif% Assurance Companies Act 1912 when a Company is registered under both the Acts the proper Court in which an Application for winding up of such Company can be made is the principal Civil Court of orignal jurisdiction in the District where the Head Office of the Company is situate.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday June 7 1943
lvii-lviii unknown view

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