TaxTMI 
TaxTMI 
1912 (12) TMI 3
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....nterference with the plaintiffs property. The only point which their Lordships have to decide is whether Section 41 (b) of the Act IV of 1898 (Burma), was validly enacted. A majority of the Judges of the Chief Court of Lower Burma have held that it was not, and the Secretary of State appeals against the judgment. T The section enacts that no Civil Court is to have jurisdiction B to determine a claim to any right over land as against the Government. In the Court below it was held that this enactment was ultra vires as contravening a provision in Section 65 of r the Government of India Act, 1858, that there is to be the same remedy for the subject against the Government as there would have been against the East India Company. 2. Their Lordsh....
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....sons and bodies politic shall and may have and take the same suits remedies and proceedings, legal and equitable, against the Secretary of State in Council of India as they could have done against the said Company." Section 66 is a transitory provision making the Secretary of State in Council come in place of the Company in all proceedings pending at the commencement of the Act, without the necessity of a change of name. Section 67 is also a transitory provision making engagements of the Company entered into before the commencement of the Act binding on the Crown and enforceable against the Secretary of State in Council in the same manner and in the same Courts as they would have been in the case of the Company had the Act not passed. ....