LAWS(CAL)-1950-6-28

PATRI SHAW Vs. R N RAY

Decided On June 13, 1950
Patri Shaw Appellant
V/S
R N Ray Respondents

JUDGEMENT

(1.) This application raises an important question of law which, turns on the construction of the sections of the West Bengal Security Act, 1948 (hereinafter called the Act) and in particular on the meaning of Section 25(1) of the Act read with Section 35. It appears from the preamble that the Act was passed:

(2.) It was passed on March 13, 1948 and was to remain in force for a period of one year, namely, till March 13, 1949. After its expiration, whereas the West Bengal Legislature was not in session and the Governor was satisfied that circumstances existed which rendered it necessary for him to take immediate action, he was pleased in exercise of the power conferred on him by Sub-section (1) of Section 88 of the Government of India Act, 1935, to promulgate an Ordinance which is known as the West Bengal Ordinance No. II of 1949.

(3.) The clauses of the Ordinance, in so far as they are material, are identical with the sections of the Act. In this judgment, for the sake of convenience, I would refer to the sections of the Act.