The Calcutta Law Journal Short Notes of Cases Articles and Other Matters July to December 1941

4. Section 317 of the Government of India Act of 1935 runs as follows: “317.—(1) The provisions of the Government of India Act set out with amendments consequential on the provsions of this Act in the Ninth Schedule to this Act (being certain of the provisions of that Act relating to the Governor-General the Commander-in-Chief the Governor-General's Executive Coucil and the Indian Legisl [...] 9. But inspite of the clear provisions noted above if we prsume that the powers of legislation under the old Act of the Indian Legislature came to an end even with respect to any Bill that was already passed under the old Act we cannot in the same breath presume that the power of the Governor-General to assent to such a Bill under the old Act existed. [...] The passing of the Bill (Hindu Women’s Rights to Property Act XVIII of r937) by the Council of State only after the new Act came into operation cannot even be treated as a valid enacment under the new Act of 1935 by the mere assent of the Governor-General. [...] The reading of the Statute indicated in paragraphs 2 to 8 above make the provisiOns of the Act of 1935 consistent otherwise there can be no meaning of the words “continue to have effect” of the provisions of the Ninth Schedule Which reiterates' the old law of 1919 with consequential amendments. [...] [per Varma and Meredith jfd—that the arrears of future maintenance could be recovered in execution of the decree and not by a fresh suit that the decree could be executed against the purchaser of judgment-debtor's interest and that the charge being made on agreement of parties conies within section too of the Transfer of Property Act.