cover image: Harijan  Ahmedabad — Sunday  April 5  1942

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Harijan Ahmedabad — Sunday April 5 1942

1942

The Chief Justice observed that if the words " any person or class of persons " were held to include " the public generally " the construction would place it in the power of the Government of the day not only to bring the whole adminstration of the Abkari Act to an end but by a stroke of the pen without any warning or the provision of any compensation to destroy the value of businesses buil [...] Chief Justice Sir Maurice Gwyer's judgment delvered a short while ago upheld the order of the High Court and in the course of a lucid analysis of the whole question it discussed and disposed of effectively practically all the questions raised in the Bombay province and completely vindicates the action of the Congress Ministries both in Bombay and Bihar. [...] The Chief Justice without expressing any opinion on the two judgments of the Bombay High Court and the Patna High Court which quetioned the validity of the notifications held that the Legislatures were competent to issue the notifcations they did and that the view which influenced both the courts that the old Acts were merely revenue or excise Acts and not meant for promoing a policy of [...] The Government of India cannot legislate on a provincial matter and the Bombay High Court decisions which still stand have deprived the Governor and the legislature of the power to legislate in the matter of prohibition. [...] If there is a conflict of opinion between the majority of the Working Committee and the President as was once the case in the early stages the majority view would supersede the President's.
history
Pages
8
Published in
India
SARF Document ID
sarf.120270
Segment Pages Author Actions
Harijan Ahmedabad — Sunday April 5 1942
101-108 Mahadev Desai view

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