cover image: The Calcutta Weekly Notes  Monday  August 9  1937

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The Calcutta Weekly Notes Monday August 9 1937

1937

The proposition would at first appear startling for while no legal qualifictions were desiderated for the Chief Justicship of the High Court or the Puisne Judgships of the High Court or the Federal Court the only response made to persistent agitation was supposed to have been that the Chief Justice of the Federal Court would have to be a professional man of experience. [...] " In the result " he writes " a judieiary composed wholly of Indian Civil Servants in the Federal and the High Courts would not be contrary to any of the provisions of the statute." That appears to be correct but if any expectation is thereon founded that a judiciary composed wholly of Civil Servants is a possibility. [...] There may ; be a desire in official circles to increase the proportion of civil service Judges; for the reasons given by the writer namely to enhance the attractions of the service for Honours men of the Enlish universities and " the natural desire of the Executive to minimise the possibility of judicial criticism of the Executive." The latter is a most unworthy reason and furnishes the stron [...] On that principle even in cases when a part of an award deals with property outside the juridiction of the Court if that part is sepaable without disturbing the basis and equilbrium of the award' as a whole the Court may delete that part of it and order the rest to be filed. [...] The section deals only with a proscution for any offence under the Act " coming to the knowledge of a registering officer in his official capacity " and it provides in effect that when an offence comes to the knowledge of the registering officer in his official capcity a prosecution may be commenced by or with the permission of the officers mentioed in the section.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday August 9 1937
cxlv-cxlviii unknown view

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