cover image: The Calcutta Weekly Notes  Monday  April 17  1944

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The Calcutta Weekly Notes Monday April 17 1944

1944

The Special Bench might therefore have held quite reasonably that since the Federal Court had decided that by the pasing of a new decree in accordance with the provisions of the Act in lieu of a pre-Act decree the rights of the parties under the promissory note were not affected it must be held under the authority of that decision that by the passing of a decree for the first time after the [...] The subjects lying witin this field have not been specified in the statute nor has any rule been laid down as to the distribution of powers between the Provinces and the Centre byond an indication of the nature of the suject in one case and the object of the legilation in the other. [...] It is in these circustances that a formula has been evolved by the Privy Council in the shape of the " aspect "seloctrine in order to effect a recociliation between the general powers of the Centre and the general powers of the Prvinces in the undefined residuary field. [...] In the latter case will be found explained the historical reason for the elasticity of the North America Act and the meaning behind the sentence in Lefroy quoted by Federal Court: " The word (` aspect ') is used subjectively of the Legislature rather than objectively of the matter legislated upon." The reason is that the draftsman had to work on the terms of a political agreement embodied in the [...] 100 of the Constitution Act means that the Federal Legislature has and the Provinc4 Legislature has not the Provincial Legislture has and the Federal Legislature has not and both the Legislatures have power to make laws on those aspects of the subjects enumerated in List I II and III respectively wHch the Court considers to fall within the Central or the Provincial or the Concurrent sphere.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday April 17 1944
xlv-xlviii unknown view

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