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  September 10  1917

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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 September 10 1917

1917

The question of the adulteration of food has been engaging the attention of Government for sonic time and as an earnest of the measures which Government proposes to take to check the evil the Ghee Adulteration Act has been passed and Government is to be congratulated on the expedition with which the measure has been carried through. [...] 1 of that Act— His Majesty in Council has power during the continuance of the present war to issue Regulations for securing the public safety and the defence of the realm and as to the powers and duties for that purpose of the Admiralty and Army Council and of the members of his Majesty's forces and other persons acting in his behalf ; and may by Regulations authorize the trial by Court-martial [...] If the contention of the Crown were correct the Government had ulimited power to make regulations for the safety: of the realm subject only to the qualification contained in the words (luring the continance of the present war." He submitted that nothing should be taken away from the liberty of the subject except by express words or by necessary implication. [...] The Apellant's contention was that the Regulation in question was not authorised by the Act and was ultra vires as curtailing without trial the liberty of the subject Beyond all dispute Parliament had power to authorise the making of such a Regulation ; the only question was whether on a true construction of the Act it had done so Any action of the Secretary of State under this Regulation was [...] The increasing crush of legilative efforts and the convenience to the Exective of a refuge to the device of Orders in Council would increase that danger tenfold were the judiciary to approach any such action of the Government in a spirit of compliance rather than of independent scrutiny.
law
Pages
12
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 September 10 1917
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