cover image: The Calcutta Weekly Notes  Federal Reports 1944-45 (To be Cites as 49 C.W.N. [F.R.])

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The Calcutta Weekly Notes Federal Reports 1944-45 (To be Cites as 49 C.W.N. [F.R.])

1945

The power of the Secretary of State to dimiss after the coining into operation of the Constitution Act of 1935 members of the Indian Civil Service who were appointed by the Secretary of State in Council prior to the comencement of Part III of the Act is implied in the Constitution Act itself. An eercise of the power of dismissal from one of Ills Majesty's Services by the principal Secr [...] Accordingly the question whether in the case of a British Indian Hindu ikluta died after the principal Act but before thy` amendment the law of his domicile at the the time of his death as to the share of his widows should be taken to be the principal Act notwithstanding the retrospective operation given to the amendment does not arise and no distinction can be made as to succession to movable [...] The Court of First Instance overruled this cotention of the Bank and fixed the liability of the debtors on the basis of the provisions of the Act. [...] The difference between the operation of the rule of ultra vires and the effect of the Doctrine of Occupied Field has been brought out in the recent judgment of the Judicial Committee in Attorney-General for Alberta v. AttorneGeneral for Canada (5). [...] Stresing the distinction between the endorsement of a note and the assignment of the debt evidenced by the note the Advocate-General endeavoured to point out that the Act limited itself to qa rgulation of the rights of the assignees of the debt and never dealt with the rights of the endorsees of the note and particularly of the rights of holders in due course.
law
Pages
98
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
Cover
i-ii unknown view
Frontmatter
i-viii unknown view
The Calcutta Weekly Notes Federal Reports 1944-45 (To be Cites as 49 C.W.N. [F.R.])
1-88 unknown view

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