cover image: The Calcutta Weekly Notes. Monday  September 1  1919

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The Calcutta Weekly Notes. Monday September 1 1919

1919

The object of the present Article is to deal with the question of the jurisdiction of the High Court in its three aspects of Revision Superitendence and Certiorari mainly with reference to Acts of the Legislature apparently taking away all such powers. [...] 59 of the Letters Patent 8th December 1823 (Born.) the Court of Requests the Court of Quarter Sessions Justices of the Peace and other Magistrates were subjected to the control of the Supreme Court in the same way as the inferior Courts and Magistrates in England were subject to the King's Bench and the Supreme Court was epowered to issue mandamus and certiorari to such Courts and Magistra [...] The only Courts of Oyer in 1793 were the Supreme Court at Calcutta and the Courts of the Governor-in-Council in Bombay and Madras. [...] The Privy Council held that the Magistrate had jurisdiction to call for security after previous dispensation and the question of the exercise of the power on the ground of 4s being ultra vires did not arise but the above rulings extablisli the proposition: Whether the Courts under the Defence of India Act when acting wholly without jurisdiction are liable to correction on egrtiorari depends o [...] Of course in the case of a written lease the quetioA of heritability is governed by the term of the lease if there be an express provision to the effect.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday September 1 1919
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