cover image: The Calcutta Weekly Notes  Monday  July 19  1943

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The Calcutta Weekly Notes Monday July 19 1943

1943

The Federal Court did not pass any final order but remitted the case to the High Court of Bombay with a direction to that Court to dispose of the application in the light of the observations made in the When the case went back to the Bombay High Court the latter in stead of complying with the directions made a rtura. remand to the Federal Court. [...] We are however not concerned with the merits of the order but only with the nature of the Federal Court's reaction to the plain-speaking of the Bombay High Court. [...] It was contended in the first place that the Ordinance was not a piece of legislation but a measure which in respect of the machinery for the adminitration of criminal justice delegated the power of legislation in an undefined manner to Provincial Governments and their nominees and the enactment of such a measure was not authorised by sec. [...] The rule of interpretation adopted in the above passage is that the Preamble to an Act is a part of the Act and in the case of a conflict between the Preamble and an operating provision the Preamble if it is clear will prevail. [...] Justice Rowland is a member of the Indian Civil Service and a comparatively junior Judge of the Patna High Court having been raised thereto in 1936 and he was translated to the Federal Court as a casual Judge to fill the third place inasmuch as on account of the delay in the arrival of the Chief Justice designate there was for the time being a shortage of Judges.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday July 19 1943
lxix-lxxii unknown view

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