cover image: The Calcutta Weekly Notes  July 14  1947

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The Calcutta Weekly Notes July 14 1947

1947

What would happen to the Calcutta High Court and the Judges of that Court when the Province of Bengal ceases to exist on the appointed day " the lith of August next ? Would the High CoUrt also cease to exist and the. [...] So and So you are no longer a Judge and you have - no authority to hear the case " the Judge would be in an awkward predicament: and find it difficult to give him an answer: It seems the argument is partly right and if nothing is clone in the mean time the Calcutta High Court would cease to exist and the Judges would become functus officio on the 15th of August next. [...] 8 saves so far as appliCable "the provisions of the Government of India Act 1935 of the Orders in Council Rides and other instrments made thereunder." It may be said that the Letters Patent of the High Court and the Warrants under the Royal Sign ' 141"sill THEVALCUTTA WEEKLY 'NOTES. [...] But they would have effect only so far as applicable and as the Province of Bengal for which the High Court was created would cease to exist the substratum would be gone and the High Court itself would cease to exist and the Judges who were appointed for the High Court would also become functus officith' But the matter does not end there the Indian Independence Bill itself empowers the Governo[...] The Independence Bill does not make any provision for the appointment or the contnuance of the posts of Governors as it does about the Governor-General.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes July 14 1947
cxxxix-cxlii unknown view

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