The Calcutta Weekly Notes Monday January 24 1944

The most noticeable feature of modern legislation—of which the Empire Acts of the year are typical examples—is increaing delegation of power to administrative bodies to the total exclusion of Courts of law. [...] The complexity of the modern laws the multiplicity of the problems and need of speedy decision' are sometimes given as the reason for excluding the Courts. [...] J applied for revision of the order : Held (DIVATIA J.)—That it cannot be said that the order for costs made by the excuting Court on the claim proceedings is automatically set aside if the party against whom it is made succeeds in the regular suit. [...] In the claim proceedings it is the question of possession that has to be decied while in the regular suit the unsuccesful claimant can ask for a declaration of his right to the property and also for other reliefs. [...] It is open to the unsuccessful party to claim a declaration and consequential reliefs which may include the setting aside of the order of costs in the claim proceedings but when no such relief is granted the executing Court would have no power to change its order of costs much less grant a refund when costs have been recovered.