cover image: The Calcutta Weekly Notes  June 23  1947

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The Calcutta Weekly Notes June 23 1947

1947

These States seem irreconciably opposed to the idea of joining the Idian Union and reviving the self-flattering fiction of their sovereignty when they etered into treaty relations with the all-coquering British Government argue that with the withdrawal of the latter from the Indian scene paramountcy lapses and the Indian States resume the sovereignty which they claim.fantastically [...] Atnbedkar's able argument refers to the fallacy very probably deliberate of the Butler Committee's conclusion that the relations embodied in paramountcy were of a personal nature between the Crown and the Princes and could not therefore be tranferred by the Crown to an Indian Goverment without the consent of the Princes. [...] in the remuneration of the Managing Agents of the company which was payable on a percentage basis out of the profits should he exempt from payment of income-tax: Held (KANIA and CH AGLA JJ.)—On a construction of the Managing Agency agreement that what was payable to the Managing Agents was not a percentage of the profits simp/iciter but was remuneration for their services and no portion of it was [...] It is a sufficient justification if the restraint is reasonable—reasonable in rference to the interest of the parties cocerned and reasonable in reference to the interests of the public so framed and so guarded as to afford adequate. protection to the party in whose favour it is imposed while at the same time it is in no way ijurious to the public. [...] The question whether a particular covnant in a particular case is unreasonably wide has to be decided with reference to the nature of the agreement the qualifiction of the employee and the service he has to render considered along with the places where the employee can get alternative sevices of the same nature.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes June 23 1947
cxxvii-cxxx unknown view

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