Calcutta Weekly Notes Federal Reports 1943 To be Cited as [C.W.N. 1943 F.R.]

Obiter:— When the charge gives notice of all the material facts and the offence in either view falls under the same section of the Penal Code the charge is not vitiated simply because the part of the section of which the accused is held guilty was not specified. [...] Under constitutions lite the Indian and.the American where unlike the position under the Britisli constitution the constitutionality of legislation is examinable in a Court of law condtions and safeguards are an essential part of the limitation on the extent of delegation of responsibility by the legilature to the executive. [...] The defects in the Act under considertion in the first of them to some of which we drew attention in our judment certainly do not diminish the difficulties of interpretation with which we were faced; and the lack of uanimity among the members of the Court may itself be taken to indicate the existence of similar difficulties in the second. [...] The validity of the Act so far as concerns first sales was chalenged in the cage The Province of Madras v. Boddu Paidanna & Sons (1) which came before this Court on apeal from the High Court of Madras last year and the judgment of the Court disagreeing with the judgment of the High Court was in favour of the Province. [...] 240 (2) and 241 of the Goverment of India Act 1935 should be uderstood in the light of the long-staning practice of recognising the distrbution of the powers of appointment to and dismissal from various classes of services amongst several authorities with a provision made by rules that certain classes of officers can be disg missed only by or with the sanction of the Local Governmen