cover image: The Calcutta Weekly Notes  July 4  1949

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The Calcutta Weekly Notes July 4 1949

1949

Congress being the party in power its iternal maladjustments are reflected in the administration and the Ministry in spite of the inclusion in it of some undeniable talent is not particularly popular with the man in the street. [...] Rcently in a very important judgment the Federal Court pronouncing on the detetion of several persons under the Bihar Maintenance of Public Order Act had specfied that the power to extend the life of an Act was a legislative power and such extesion could not be effected by a were reslution of the Legislature that is to say the extension must be made in accordance with the Gove [...] That effort is all the more essential in the light of the observation made by Das C. J. and his brother Judges of the East Punjab High Court in a case we discussed some time back : The change in the situation in the country and the new set-up do not appear in the least to haire brought about any change in the outlook of the Executive and the old vain susceptiblities still linger in their min [...] Before the claim petition was heard A had filed a suit praying that the said charge was not binding on him and he in fiortned the Court to that effect on the day the claim petition came on for hearing upon which the Court passed the order : Notify the suit presented and the charge claimed by the Petitioner." The said suit was ultmately dismissed by the High Court and The charge in flavour of [...] The question arose whether A and C were barred by res judicata from questioning B's right to execute the decree: Held—That the decision in a claim pettion was final in the circumstances of the case and the specific mandatory provisions of Or 21 r. 63 override the more general principle in sec.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes July 4 1949
cxxvii-cxxx unknown view

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