cover image: The Calcutta Weekly Notes  May 14  1945

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The Calcutta Weekly Notes May 14 1945

1945

Reference was made in the Calcutta High Court to the Allied victory and the learned Chief Justice expressed the hope that “ out of this destruction and bloodshed will arrive a new state of affairs and that the Rule of Law will be established enforced and maintained.” The Advocate General on his part speaking on behalf of the Bar reciprocated the sentment. [...] The two questions were : First as to the scope of Rule 3 of Chapter V of the Original Side Rules which provides that when it appears to a Judge that a substantial question as to the interpretation of any provision of the Government of India Act is involved in a case he has to report to that effect to the Chief Justice who is to form a Special Bench to hear the matter. [...] 205 of the Government of India Act) there should arise a question as to the meaning 'to be attributed to the words of a particular provision or the connotation of the words used e.g. [...] On the words of the rule once a Judge is of opinion that a substantial questidn as to the interpretation of the Government of India Act is involved he has no discretion left and it would be his duty to report to that effect to the Chief Justice. [...] It seems to have been taken for granted that it is the opinion of the President which counts and that the declaration of the President is like the decision or decree of a Judge which binds the house.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes May 14 1945
xlvii-l unknown view

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