cover image: The Calcutta Weekly Notes  May 26  1947

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The Calcutta Weekly Notes May 26 1947

1947

All of them leave the conditions of nationality to be governed by the laws of the State or the Federation where the Government is of the Federal type. [...] Doubt as to the validity of the Civil Rights Act containing a similar clause which was passed over the veto of the President to counter a decision of the Supreme Court in Dred Scott case that Negroes were not citizens of the United States led to this amendment. [...] It would in our opnion therefore be better to specify who would be citizens of the Indian Union at the date when the Constitution comes into force as in the Constitution of the Irish Free State and leave the law regarding nationality to be provided for by legisltion by the Indian Union in accordance with the accepted principles of Private Iternational Law. [...] The former arises out of intetion as expressed in words used by the grantor and considered with reference to the state of circumstances existing at the time of the grant whereas in the latter case the grant operates not by virtue of any words used by the grantor but by virtue of a legal presumption arising out of necessity whether absolute' or of the qualified rhracter. [...] In the latter case easement emerges as a necessity from the severance of the dominant tenement from the servient one both of which erstwhile were the subject of coml.-ion ownership.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes May 26 1947
cxi-cxiv unknown view

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