The Calcutta Weekly Notes October 19 1953

The contention that in order to come under clause 15 of the Letters Patent a judgment must he giyen in exercise of a jurisdiction existing at the date of Goverment of India Act 1915 or at the date of the 'Government of India Act 1935 was held to be untenable. [...] 697) : “I cannot hold th.reference to section 107 of the Goverment of India Act in clause 15 of the Letters Patent cannot be read as reference to setion 224 of the Government of Idia Act 1935.” The argument was that there was no point in saying that there was no appeal against a judgment under section 224 of the Government of India Act 1935 when there could be no judgment under sect [...] In the facts of the case it was held that no declaration should be made even though the -dismissed employee was dicharged from service without complying with the provisibns of section 240(3) of the Goernment of India Act 1935. [...] The statement that —the factual existence of a public purpose depends entirely on the subjective satisfaction of the Provincial Government and is not justiciable's overlooked section 299(2) of the Government of India Act 1935 which was not even mentioned in the argument. [...] N. 566 had the effect that no relief could be given in pening proceedings under the Calcutta Thika Tenancy Act by'reaSon of the omission of setions 28 and 29 of the Calcutta Thika Teancy Act 1949 by section 8 of the Amening Act of 1953.