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 30 1932

On the 30th of Noveber last we referred to the decision of the Judicial Committee of the Privy Council in the case of Attorney-General of Canada v. The Attorney-General for the Provinces of Ontario and Quebec [now known as the Aviation case (1932) A. C. 54] as to whther the Dominion Parliament has the eclusive legislative authority in respect of the “ Convention relating to the Rgula [...] The Judicial Comittee of the Privy Council upheld the claims Of the Dominion Parliament on the principle of the “ residuary ” powers vested in it under the general clause of the Act of 1867 empowering it to legislate for “ peace order and good Government ” with special reference to secs. [...] In a case of dispute great weight is given to the terms of the policy and the function of the Court is to interpret them. [...] He says: The only distinction then is that in the one case it is the fire which escapes out of the proper place and comes into contact with the property destroyed whereas in the other case it is the property which gets out of its proper place and comes into contact with the fire.' He thinks that the distintion is not sufficient to make a difference and the object being to indemnify against a [...] The suit was decreed arid there was an appeal by R. Miring the pendency of the appeal the Hindu Law of Inheritance (Amendment) Act was passed which altered the order of succession and put the sister's son before any collateral of the Plaintiff's status: Held (HARRISON and TEKCIIAND JJ.)— That as R was alive at the date when Amendment Act had been passed the daughter's son was entitled to succee