Privy Council Court January 1947 Judgments

Municipal Council of Colombo Vs. Kuna Mana Navanna Suna Pana, Letchima ...

Court: Privy Council

SIR JOHN BEAUMONT: [1] This appeal from a decree dated 17-12-1942, of the Supreme Court of the Island of Ceylon, raises certain questions as to the construction and effect of the Land Acquisition Ordinance (chap. 203, Legislative Enactments of Ceylon) and of the Housing and Town Improvement Ordinance (chap. 199, Legislative Enactments of Ceylon) and it will be convenient at the outset to refer to the material provisions of these enactments. [2] By the Land Acquisition Ordinance it is provided, so far as material, by S. 3 that whenever it shall appear to the Governor that land in any locality is likely to be needed for any public purpose it shall be lawful for the Governor to direct the Surveyor-General to examine such land and report whether the same is fitted for such purpose. By S. 5 the Surveyor-General is required to make his report and upon receipt thereof the Governor may direct the Government Agent to take order for the acquisition of the land. By S. 6 the Government Agent is re...

Mohammad Yakub Khan Vs. Emperor.

Court: Privy Council

Lord Thankerton: The jurisdiction of the Judicial Committee of the Privy Council is purely statutory, resting on the Judicial Committee Act of 1833 and the amending Acts. The material provision is in S. 3 of the Act of 1833, which reads as follows : "All appeals or complaints in the nature of appeals whatever, which either by virtue of this Act, or of any law, statute or custom, may be brought before His Majesty or His Majesty in Council from or in respect of the determination, sentence, rule or order of any Court, judge or judicial officer, and all such appeals as are now pending and unheard, shall from and after the passing of this Act be referred by His Majesty to the said Judicial Committee of His Privy Council, and such appeals, causes and matters shall be heard by the said Judicial Committee, and a : report or recommendation thereon shall be made to His Majesty in Council for his decision thereon." as therein provided. 2. Where it is sought to bring an appeal from an order of a ...

Attorney-general of Ontario and Others Vs. Attorney-general of Canada ...

Court: Privy Council

Reported in: AIR1947PC206

LORD CHANCELLOR: This appeal is brought from the judgment of the Supreme Court of Canada given on 19-1-1940 upon a question which was referred to that Court under the provisions of S. 55, Supreme Court Act, R. S. C. 1927, chap. 35. [2] From the recitals contained in the Order of Reference which was made by the Governor-General in Council on 21-4-1939, it appears that, at the 4th Session of the Eighteenth Parliament of Canada, Bill 9, entitled "AnActtoamendtheSupremeCourtAct" was introduced and received first reading in the House of Commons on 23-1-1939 and that on April 14th of the same year the debate on the motion for the second reading of the Bill was adjourned in order that steps might be taken to obtain a judicial determination of the legislative competence of the Parliament in Canada to enact the provisions of the said Bill in whole or in part. [3] The following question was accordingly referred to the Supreme Court of Canada for hearing and consideration : " Is said Bill 9 entit...