The Calcutta Weekly Notes January 22 1951

have done well in trying to clear up “the confusion of thought regaring the supremacy of the legislature and the supremacy of the judiciary.” Their axis; ver as far as we can find it from the avaiable summaries of the judgment has the strength of simple forthrightness: “As judges of the republic we are to prevent its citizens being subject to any unlawful act wheter it is the act of a pri [...] The extent of interest which the donee is to take depends upon the intention of the donor as expressed by the language used and if the dispositive words employed in the document are clear and import absolute ownership the purpose of the grant would not by itself restrict or cut down the iterest. [...] The desire to provide maintenance or residence of the donee would only show the motive which prompted the donor to make the gift but it cannot be read as a measure of the extent of the gift. [...] In the absence of other clauses in the document which control the import of the word and restrict the estate to a limited one the word must receive its full significance. [...] In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been eployed."