The Calcutta Weekly Notes June 16 1952

Lord Goddard C. J. in Government of India and Mitbarok Ali Re (1952) 1 All E. R. 1060 said though with diffidence “that it an unusual situation that a republic can be a member of the Commonwealth but it is so” The observation was made while disposing of the application for a writ of habeas corpus and for the discharge of an order of detention of the applicant Mubarak Ali. [...] Nehru recognised in April 1949 that the-King "was the symbol of free association." of independent member nations compendously known 'as the Commonwealth there were protests in the country and many still resent the policy of the government in power. [...] Aiyar J. in deliVering the judgment of the Court held : It is obvious that the prohbition against the assignment or the ataiment of such compulsory deposits is based on grounds of public policy. [...] Where the interdiction is absolute to allow a judgment creditor to get at the fund indirectly by means of the apointment of a receiver would be to circumvent the statute." The Supreme Court applied the welknown case of Lucas v. Harris 18 Q. B. D. 127 and distinguished Rajidra Narain Singh's case 30 C. W. N. 818 P. C. which had caused all the diffculty and had created a current of [...]. The Courts of the State in which.spcific articles are shown and purchased and which was therefore the place of contract will alone have jurisdiction to entertain a suit for damages brought by `the purchaser on the footing that the goods were not according to the.sampes shown; the Courts of a different State to which the goods were despatched at the instance of the purchaser and where the