cover image: The Federal Law Journal. 1946

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The Federal Law Journal. 1946

1946

It would therefore follow that whcn the GovernoGeneral in Council and the Crown Representative concurred in the determination that the ex-Rana should be placed under personal restraint for reasons connected with the discharge of the functions of the Crown in its relations with the State the former could have ordered his detention under the Regulation (III of 1818). [...] Learned counsel for the petitioner however questioned the legality of the provisions contained in section 7-A of the Regulation (III of 1818) in view of certain provisions of the Government of India Act. [...] The contention that section 7-A of the Bengal State Prisoners Regulation is inconsistent with the provisions contained in section 2 Constitution Act in so far as the warrant of commitment " for reasons connected with the discharge of the functions of the Crown in its relation with Indian States " has to be under the Regulation issued by the Central Government (the expression substituted for the [...] Since the Government of Ind ia(Adaptation of Indian Laws) Supplementary Order 1937 was passed by His Majesty in Council in the manner stated in section 309 ( ) of the Act it has the effect of giving to the aforesaid order the force of an Act of Parliament and cannot therefore be attacked before any Court of Law on the ground of want of jurisdiction. [...] Nor in the absence of any words like " subject to the other provisions of the Act " in section 293 of the Act could its validity be questioned on the ground that it contravenes the other provisions of the Act.
law
Pages
243
Published in
India
SARF Document ID
sarf.120204
Segment Pages Author Actions
Cover
i-ii V. Aiyar view
Frontmatter
1-4 V. Aiyar view
General Index
1-3 V. Aiyar view
Federal Court of India
1-128 V. Aiyar view
Exercise of British Jurisdiction in Native Indian States
1-10 N. Arunachalam view
Summary of Dominion Cases
11-20 V. Aiyar view
Retirement of Mr. Justice S. Vardachariar
21-64 V. Aiyar view
Paramountcy and the Cabinet Mission Proposals
65-92 K. Rao view
Working Democratic Executives in the World
93-106 M. Pattabhiraman view

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