https://www.taxtmi.com/caselaws?id=292895 Section 65 of the Government of India Act, 1858 was treated as preserving a substantive right for subjects to sue the Government in civil court on the same basis as claims against the East India Company. Section 22 of the Indian Councils Act, 1861 was read as conferring legislative power subject to the limitation that it could not repeal or impair that protected right. On that construction, Section 41(b) of Act IV of 1898 (Burma) was ultra vires to the extent it excluded civil court jurisdiction in such claims against the Government. The appeal therefore failed. en-us Tue, 10 Dec 1912 00:00:00 +0530 Tue, 12 Jan 2021 11:04:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=292895 Section 65 of the Government of India Act, 1858 was treated as preserving a substantive right for subjects to sue the Government in civil court on the same basis as claims against the East India Company. Section 22 of the Indian Councils Act, 1861 was read as conferring legislative power subject to the limitation that it could not repeal or impair that protected right. On that construction, Section 41(b) of Act IV of 1898 (Burma) was ultra vires to the extent it excluded civil court jurisdiction in such claims against the Government. The appeal therefore failed. Case-Laws Indian Laws Tue, 10 Dec 1912 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=292895