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  August 5  1935

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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 August 5 1935

1935

The question raised in the cases was the right of the Dominions to abolish appeals.to the Privy Council and the Privy Council itself held that the Dominions were entitled in law to abrogate the right of such appeals if they chose. [...] The pramble to the Constitution Act provided that the constitution was to be construed with reference to the Treaty which was given the force of law and if any provision of the Ccnstitution or any amendment thereof or of any law made thereunder was in any respect repugnant to any of the provisions of the Scheduled Treaty it would to the extent of such repugnancy be absolutely void and inoper [...] But Professor Keith seems to overlook the fact that by the Constitution Act the " Articles of Agreement for a Treaty " were given the force of law and the Lord Chacellor expressly points out that the Treaty had thus become a part of the statute law of the United Kingdom. [...] But his hands must be strengthened by the knowledge that he can freely legislate to remove the provisions of the treaty from the statute book and that the lax terminology of the Privy Council will dissemnate the belief that in some way or other the Statute of Westminster gave a right to abrogate the treaty. [...] 10 the jurisdition of the Judge under the Guardians and Wards Act comes into play and it is open to the Judge as a result of the enquiry intiated on the application for the appoinment of a guardian to appoint a person other than the applicant as guardian of the minor provided the person so appointed has intimated his willingness to act as a gliadian.
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 short notes of important decisions of other High Courts in India Monday August 5 1935
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