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  November 29  1920

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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 November 29 1920

1920

We must not lose sightof the fact that the more the Government undertakes the work of the nation the more individual effort is suspended and the smaller becomes the scope of success in life for the Subject Again departments may override the rights of the individual. [...] In differences between the State and the Subject the former can comand the services of the law officer; of the Crown and the public.purse in litigation so that the Subject may well hesitate to resort to the Courts howevergood he may think his case to be. [...] Thus the Government could in practice prevent the subject from obtaining justice and the growth of officialism might result in a despotism as bad as the tyranny of an absolute monarchy." The danger to the liberty of the subject involved in the growth of officialism is increased by the prbability that a great number of civil servants may become in time a privileged caste under the establishmen [...] This principle which was undoubtedly embodied in some of the regulations purporting to be made under the prvisions of the Defence of the Realm Act was when not clearly coming within the scope of that Act repelled by judicial decision as inconsistent with the due supremacy of the ordinary law of the land. [...] Pending the hearing' of an application to the High Court in revision by one Dgfendant against the order of the trial Court rejecting an application for the review of a judgrgent an appeal preferred by another Defendant was disposed of by the lower Appella7teCourt : Held—That the decree of the trial.
law
Pages
4
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 November 29 1920
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