cover image: The Calcutta Weekly Notes  November 27  1944

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The Calcutta Weekly Notes November 27 1944

1944

The question being whether an appeal lay from the decision of the learned Judge who sitting singly had dealt with the matter it was argued that in a certain judicial decision under the old Municipal Act that Act had been held to admit of an appeal; and since the new Act had made no provision to the contrary it must be presumed that the Legislature knowing of the law as declared by the Court [...] It will be seen at once that the doctrine enunciated by his Lordship is extremely flatteing to the reporting journals in that it makes them the sole source of the knowledge of the Legislature as to the existing state of the caslaw. [...] The reporting journals may therefore regard the legislators of the country as their construtive or presumptive readers and regard theselves as the sole instructors of the Legislature in the matter of judicial decisions. [...] Unless complete knowledge of all facts and the existing law is assumed enquiry as to the intention of the Legislature which is a never-ending enquiry in the Courts would be perfectly meaningless and the only pertinent consideration would be what the plaita dictionary meaning of the language employ in the statute was. [...] When an appeal from a preliminary decree is dismissed on the ground that the memoradum of appeal is insufficiently stamped and the deficiency is not made good within the time alloed the order of dismissal is a decree; and for the purpose of Art.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes November 27 1944
v-vi unknown view

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