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 Short notes of Important Decisions of other High Courts in India  Monday  May 16  1932

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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 Short notes of Important Decisions of other High Courts in India Monday May 16 1932

1932

Their Lordships in the first irtanct called for cause to be shown why the writ prayed for should not be issued At the preliminary hearing thus ordered the Crown raised no objection to the form of the proceedings so that the matter was considered on the footing that the High Court had power to issue a writ of Habeas Corpus in the circumstances such as were alleged in the petition. [...] The general rule as to writs of Habeas Corpus is that the Court or the Judges at the iStance of the person aggrieved command the Production of his body and enquire into the Cause of his imprisonment; also that acts of the Crown or its Ministers or of the excutive government are equally subject to such supervision and control. [...] When the subject comitted to confinement feels that he has been a victim of arbitrary action he moves the King's Bench Division where the King is always present in the contemplation of the law and asks that the reasons for his loss of liberty be examined under the Court's sovereign powers. [...] In considering whether the exercise of the extraordinary power has been lawful it cannot be right or sufficient to accept the conclusion of the Government without question: the Court if it is to da justice by the subject must be satisfied that there were materials before the Government on which the opinion they had formed could reasonably be formed. [...] Where an award was made by the Regitrar of Co-operative Societies against a Credit society the liability of the members of which was unlimited and the award' was sought to be executed not against the society but against the individual members thereof : Held by a Full Bench (TERRELL C. J. WEST KULWANT SAHAY FAZL ALT and DHAVLE Jj.)—That the awai d against the society which was a lcgal pGi-
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
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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 Short notes of Important Decisions of other High Courts in India Monday May 16 1932
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