The Calcutta Weekly Notes August 30 1948

The insinuation in the suggestion that because relations of High Court Judges may be pratising in the Court or that litigants might be personally known to the judges coruption might set in is a slur on the Judges recruited from the Bar. [...] 433 (i) (b) of the Code of Criminal Procdure is couched in language which admits of such difference of opinion as we have noted and it is desirable that it should be amended so as to lay down precisely what in law are the powers of an Appellate Court in ordering a re-trial in cases where on some of the charges there has been an acquittal in the Court below.” A similar question was mooted in t [...] The principle of autre fois acquit has been pushed to its furthest extent in England in that under the English Criminal Law as it stands at present the Court of Criminal Appeal cannot order a re-trial in a case where a conviction is set aside by it on the ground of an error in the procedure. [...] That was also the opinion of Sir David Maxwell Fyfe the former Attorney-General and prosecutor in the Nuremburg trial delivered in the House of Commons which upheld this alleged fundamental principle and rejected the prposal of the House of Lords. [...] Its opinions (like those of the Cabinet which grew out of the Privy Council long ago) are given in the form of collective advice to the Crown but that advice has more effect than the decisions of any Law Court in the world.