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 January 8 1940

But Ministers are and always have been the humble confidential servants of the Crown : in theory they are subordinates chosen by the Crown and remvable by it at pleasure The Indian Constitution makes the Governor the representative of the Crown and the Council of Ministers the parallel of the Cabnet and it seems quite unnatural to deny to the latter the right to the same relative positio [...] In India the diffculty is created by the interposition of the Governor and the bestowal upon him of the sole executive power while in the Penal Code there is no reference to the Constittion as in the English law. [...] Besides it cannot be gainsaid that in applying the law in Enland the Court would be influenced by the character of the Government as it is there in fact and the same influence operating on Courts in India could only produce the decision which was actually given by the High Court. [...] One was that the morgagee would have the right to sue for his money and another was that the mortgagor would have the right to redeem a part of the mortgaged land on payment of a propotionate amount of the loan. [...] In the result we are inclined to the view that if a mortgage is not a usufructuary mortgage as the term is defined in the Transfer of Property Act the preliminary condition laid down in sec.