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 March 15 1920

The Government of India have now decided with the approval of the Secretary of State for India rn Council to amend the Regulat4ions (other than the Madras and Burma Regultions) by providing that the Governor-General and the Heads of Provinces may by Notifiction extend the term of office of members of the existing Councils up to such dates as may be appointed under sec. [...] During the war the Judges in England with only a few exceptions were loth to interfere with the acts of the executive under the Dfence of the Realm Act and the Regulations framed thereunder. [...] Further as there was nothing in the statute to authorise by express Swords the taking away of the right of HiS Majesty's subjects to have access to the Courts he Regulation was dclared by the learnedZudges to be Ultra vires and the case was remanded to the Justices to hear and determine the case according to law without reference to the Regulation. [...] The special Judge was not in a position to find what was the area of the holdings at the inception of the tenancy. [...] On that finding he upheld the decision of the Settlement officer': Held—It was necessary for the landlord to prove that there has been some increase in the area as compared with the area of the teancy at its inception and the lower Court ought to have found what the area was at the incetion of the tenancy before giving enhancement under sec.