cover image: The Calcutta Weekly Notes  January 19  1948

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The Calcutta Weekly Notes January 19 1948

1948

The reason adduced for the step is that under the agreement with the British Government members of the Civil Service have to be paid compensation on termination of their employment and that therefore it is advisable for I. C. S. men with eperience of judicial work to continue to be recruited as before to the High Court Bench. [...] 79 of the Civil Procedure Code may be construed to refer to the Dominion of India and a suit brought against the Dominion in the name of the Dominion of India would he a suit properly brought we think the matter ought to be made clear either by an order of the GovernoGeneral under sec. [...] When therefore advice comes to us gratis from Britain and the United States to the effect that forbearance by the two new Dominions pending full consideration of.the issue by the Security Council is vital to the prospects of solution it comes to us as a humiliating reminder of the distressful position which we still appear to be in. [...] 79 of the C. P. Code as recast by the Adapttion of Indian Laws Order 1937 made under the Government of India Act 1935 which makes it obligatory to name the Governor-Genera! of India in Council as the defendant (when the Central Government is sued against) before the establishment of the Federation which of course was never established. [...] 176 of the said Act means that the "Domnion "" may sue or be sued by the name of the "Dominion" of India.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes January 19 1948
xxxi-xxxiv unknown view

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