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 22  1912

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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 22 1912

1912

So the remedy lies’ not in reducing the status of the Court or the qualification of the Judges but in dheapening the legal procedure. [...] Upon the first topic the writer vigorously combats the opinion of Holmes J. which prevailed in the Supreme Court in Moyer v. Peabody (1909) 212 U. S. 78 who observed : " When it comes to a decision by the head of the State upon a matter involving ife the ordinary rights of individuals must d to what he deems the necessities of the moment. [...] 6 C. W. N. lvii where the Judicial Committee held that Martial Law having in fact been declared (during the Boer War) in certain districts of the Colonies of Natal and Cape Colony the Courts ought not to go into the question of the necessity of such prclamation or enquire into the acts of the military authorities in pursuance of it. [...] But that the latest pronouncements of the highest Courts of the Unite‘t States as well as of the British Empire should be in opposition to those views is significant as indicating the ractionary tendencies of the Courts which must in course of time yield to the dictates of reason and give effect to the considered opinion of jurists. [...] In this case their Lordships cosidered the legality of giving directions to the lower Courts for making special arrangements and held that it was quite within the province of the High Court having regard to the powers conferred by the Charter to direct the Magistrates as to the mode in which the evidence of a particular witness might and should be taken.
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 22 1912
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