The Calcutta Weekly Notes April 23 1945

One of the reasons why we insist that the Privy Council should remain the final Court of Appeal for India till the country attains politcal autonomy and can set up a real Supreme Court of her own is illustrated by the judgment of the Privy Couticil in the case of The Govenor-General in Council v. The Province of Madras which we report in this issue. [...] The decision of the Taxing judge is that the Appellant was bound to pay ad valorem courfees on the value of the prperties directed to be restored which are to be taken to be the sum at which the properties were sold in execution. [...] They add nothing material to the essential facts which are that a mortgage decree in execution of which certain of the mortgaged properties were purchased by the decree-holder was ropened a new decree was passed the properties were directed to be restored and the mortgagee appealed but he did not in such appeal question the amount of the new decree. [...] What was the value of the relief to the Appellant in the case under consideration? [...] It seems to have been entirely overlooked that although the Appellant would be deprived of the properties if the order stood and would retain them if the appeal succeeded he would in the former case get the properties' worth in money and in the latter would have to pay for them by giving credit to the judgment-debtor for their value.