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    <title>1944 (11) TMI 12 - BOMBAY HIGH COURT</title>
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    <description>The Governor-General&#039;s emergency ordinance power under paragraph 72 of Schedule 9 of the Government of India Act, 1935 was described as wide enough to make ordinances for peace and good government in an emergency, with the existence of the emergency left to his judgment. Provisions allowing Special Courts to be brought into force locally when the Provincial Government considered it necessary were treated as valid conditional legislation, not an impermissible delegation of legislative power. The exclusion of revisional jurisdiction was also upheld, as the constitutional scheme permitted the lawful assignment of classes of cases to Special Courts and did not bar such executive discretion. The Ordinance was therefore not ultra vires.</description>
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    <pubDate>Mon, 06 Nov 1944 00:00:00 +0630</pubDate>
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      <title>1944 (11) TMI 12 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=182469</link>
      <description>The Governor-General&#039;s emergency ordinance power under paragraph 72 of Schedule 9 of the Government of India Act, 1935 was described as wide enough to make ordinances for peace and good government in an emergency, with the existence of the emergency left to his judgment. Provisions allowing Special Courts to be brought into force locally when the Provincial Government considered it necessary were treated as valid conditional legislation, not an impermissible delegation of legislative power. The exclusion of revisional jurisdiction was also upheld, as the constitutional scheme permitted the lawful assignment of classes of cases to Special Courts and did not bar such executive discretion. The Ordinance was therefore not ultra vires.</description>
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      <pubDate>Mon, 06 Nov 1944 00:00:00 +0630</pubDate>
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