cover image: The Calcutta Weekly Notes  Law Notes of 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  December 4  1939

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The Calcutta Weekly Notes Law Notes of 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 December 4 1939

1939

The rules are prefaced by the following note: “With the approval of the Governor it is ordered by the High Court of Judicature at Fort William in Bengal that with effect from the 15th day of Noveber 1939 the existing Rules in Chapter XXXI and the forms in Appendix “K” of the Original Side Rules 1939 are repealed and the following Rules and Forms be substituted in their place”— The italics a [...] 223 of the present Government of India Act makes the rule-making power of the High Court suject to the rest of the Act to Orders in Council and to provisions of the relevant special Act under which the rules are made and if there had been any provision either in the Constitution Act or in the Companies Act or in any Order in Council that the approval of the Governor must be obtained that con [...] The approval of the Governor is not thought of at all and it seems that in respect of the power to make its own rules for the Original Side the position of the High Court even to-day is supreme as in the days of the Supreme Court. [...] express 10"Vote XLIV.] THE CALCUTTA WEEKLY NOTES xi the hope that if on a full consideration of the matter the High Court upholds our view that in respect of rules for the Original Side it is not subject to the contro! of the Governor approval of the latter will not be sought for on any future occasion and the sphere of the Governor's jurisdiction will not be extended by request. [...] It seems however that the object of the statute plainly was to bar the jurisdiction of the Courts in any matter concerning the revenue and for the purpose of protecting the revenue.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes of 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 December 4 1939
ix-xii unknown view

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