J.R. WALKER Vs. KSHITISH CHANDRA BISWAS

JUDGEMENT

(1.) After stating facts proceeded as follows:-

(2.) Two points arise for my consideration. Firstly, is the conduct of Mr. Walker in issuing the letter of the 21st April, 1950, in accordance with the provisions of the West Bengal Jute Goods Act of 1950. This is a pure point of law. Secondly, is the conduct of Mr. Walker bona fide This is a question of fact which shall have to decide on the facts and circumstances which are before me.

(3.) When and under what circumstances the Court would be justified in rescinding an Executive Order has been the subject-matter for consideration by the Court of Appeal in some recent decisions. In Amulya Pal Vs. R.N. Roy, 54 C.W.N. 350 (1950) , Mr. Justice S.N. Banerjee sitting with the Chief Justice Harries observed as follows:-