AIR 1956 CALCUTTA 222 ::60 Cal WN 802 ::ILR (1957) 2 Cal 371

Calcutta High Court

Hon'ble Judge(s): G. N. Ray, Sen Gupta , JJ

(A) Constitution of India , Art.372 Expln.3— Temporary law - Indian Independence Act (1947 10 and 11 Geo. VI 30) is not temporary law. Indian Independence Act (1947 10 and 11 Geo. VI 30). The Indian Independence Act, 1947, though meant to bring about a transformation of British India into two Dominions and as such of a transitional nature is not by any means a temporary statute in the sense that it was meant to be in force for a specified period or up to a specified date. It does not therefore necessarily follow that because the parent Act was repealed, the Orders issued under it ceased to be in force with its repeal.(Para 5) (B) Constitution of India , Art.366(10)— Existing law Indian independence (Legal Proceedings) Order (1947) is existing law. Indian Independence (Legal Proceedings) Order (1947). The Indian Independence (Legal Proceedings) Order, 1947 is an order under Section 9, Indian Independence Act issued on 12th August, 1947, and so under Section 18(3), Indian Independence Act, 1947, it was part of the law of British India existing before the appointed day, that is, 15-8-1947 and continued as part of the law of the Indian Dominion even after the appointed day. It was thus part of the "existing law" as d....