cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  July 12  1909

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 12 1909

1909

Buchanan ' the Under-Secretary in reply to the query whther the Judges of the High Court of India hold office during good behaviour or at the pleasure of the executive and what are the safeguards for thessecurity of their freedom from the influence and control of the executive Government said :—" The Judges of the High Court who are appointed by His Majesty hold office during His Majesty's [...] The local executive Goverment in India has no control or influence over them in the discharge of their duties." There is however the following curious proviso in the section of the Act declaring the tenure of these Judges to be at the pleasure of the Sovereign or in other words at the pleasure of the Imperial Cabinet which is calculated to bring them into direct rlationship with the l [...] This point was however settled by the Privy Council and the law as laid down in the Tagore case and the Mullick case was explained in the following terms : In stating the rule relating to the defeasance of a prior absolute interest by a subsequent event it is important to add that the event must happen if at all at the close of a life in being at the time of the gift as laid down in the Mullick [...] The law of Wills which contemplates the personality of the testator to be artificially extended till the distribution of the assets and represented in the person hf the executor is 232"Va. [...] If it is based upon a fictitious extension of the personality of the donor not only must the offer to give be regarded as open and capable of taking effect by vesting in somebody up to the date of the donor's natural death but up to the cessation of the donor's personality as extended in the person of the executor.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 12 1909
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