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 February 18 1935

The question had arisen in an extremely particularised form; and the distinction beween the two forms of expressing the will of the Parliament was reduced almost to nthingness by the fact that the subject-matter was not a legal provision of immediate effect but a declaration of a goal for the attaiment of which no date was to be fixed. [...] Also where the subject-matter is the meaning or purpose of certain specfic provisions in an Act a Ministerial declration would be utterly irrelevant for puposes of reference whereas in cases of ambiguity or indefiniteness of the scope of the words used the preamble might be used as “ a key to open the minds of the makers of the Act.” But where the subject-matter is the definition of a [...] In such a case a subsequent Government would be under no obligation to recognise the Ministerial declaration; the Courts would be debarred from interpreting the' words of the statute by reference to the declaration; and to take the present example if a question arose as to the fiscal powers of the Goverment of India or the legislative powers of the Indian legislature in solving that quet [...] In the same way he barly refers to the religious origin of a part of the civil law but does not pursue the thesis into an elaboration of the Germanic idea of law as an expression of the justice and truth of the creator. [...] The right of the sucontractor to receive their share from V was assigned to the Plaitiff and they brought the suit to recover the same: Held (MADHAVAN NAIR and JACKSON JJ.) —. That at the time of the assignment a liquidated amount had become dile to the asignors as it could be found out by proCess of arithmetical calculation; the data to fix the definite amount due being available the