Court : Chennai
Reported in : (1949)1MLJ258
..... to look at the manner in which indian legislation preceding the constitution act had been accustomed to provide for the collection of excise duties; for parliament must surely be presumed to have had indian legislative practice in mind and unless the context otherwise clearly requires, not to have conferred a legislative power intended to be interpreted in a sense not understood by those to whom the act was to apply.in the same case, sulaiman, j. ..... enumerated in the provincial legislative list should be regulated in those provinces by act of the federal legislature, and if resolutions to that effect are passed by all the chambers of those provincial legislatures, it shall be lawful for the federal legislature to pass an act for regulating that matter accordingly, but any act so passed may, as regards any province to which it applies, be amended or repealed by an act of the legislature of that province.from the statements of objects and reasons ..... section 449 enacted in 1923 to implement a recommendation in the report of the racial distinctions committee, for appeals from decisions in cases tried before a high court by a jury under the special provisions of chapter xxxiii but contains no provision for appeals in similar trials not held under that chapter. ..... held that a right of appeal is a substantial and vested right, which would not be presumed to have been taken away, by retrospective, operation of a statute, passed after the accrual of such a right (colonial sugar refining co. v. .....
Tag this Judgment!Court : Chennai
Reported in : 1949CriLJ684
..... organisation of provincial courts, be to of civil and of criminal jurisdiction, and including procedure in civil matters in those courts.section 101: 'the parliament of canada may, notwithstanding anything in this act, from time to time provide for the constitution, maintenance, and organisation of a general court of appeal for canada, and for the establishment of any additional courts for the better administration of ..... preceding the constitution act had been accustomed to provide for the collection of excise duties; for parliament must surely be presumed to have had indian legislative practice in mind and unless the context otherwise dearly requires, not to have conferred a legislative power intended to be interpreted in a sense pot underbtood by thoae to whom the act. ..... legislative list should be regulated in those provinces by act of the federal legislature, and if resolutions to that effect are passed by all the chambers of those provincial legislatures, it shall be lawful for the federal legislature to pass an act for regulating that matter accordingly, but any act so passed may, as respects any province to which it applies, be amended or repealed by an act of the legislature of that province.from the ..... it is not doubted that with the single exoeption of what is called the prerogative appeal, that is, the appeal by special leave given in the privy council in london, matters of appeal from canadian courts are within the legislative control of canada, that is of the ..... sugar .....
Tag this Judgment!