The Calcutta Weekly Notes September 30 1944

The struggle for establishment of the rule of law which began with assaults on the Ordinances on the lines indicated by Sir Maurice Guwyer in Talpade’s case came to an abrupt end with the promulgation of three further Ordinances which between themselves practically excluded the jurisdiction of the High Court to interfere in Defence of India cases. [...] The judgment of the Board which was deiiveied by the Lord Chancellor contains a Historical review of the evolution of the judicial powers of the High Court and although it is posible to point out errors and omissions in that history particularly so far as it states the statutory course to have been the same in the two Provinces still the powers of the Court at the present day must be taken t [...] In the High Court the most outstanding legal event of the year was the interdiction of the executive order relating to the Howrah Municipality by means of the acient writ of Quo Warrant°. [...] The main judgment of the Special Bench left it doubful whether the order was or could be effectively interdicted since it was declared to be operative only against the particular sevant of the Company " who had been appoined to take over the administration of the Municipality. [...] The case affords another instance where the Calcutta High Court has in recent years asserted its authority to enforce the rule of law in the face of the executive but „the executive too it must be added have taken the proper course of sumitting to the decision of the King's Court though not strictly bound thereby in acordance with the expectation expressed by Mr.