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1939 Supreme(FC) 3

MAURICE GWYER
Shyamakant Lal – Appellant
Versus
Rambhajan Singh – Respondent


JUDGMENT

Gwyer, C.J. - In this suit between the United Provinces and the Governor-General in Council, the plaintiffs pray for a declaration that certain provisions of the Cantonments Act, 1924, were ultra vires the then Indian legislature and were therefore not a law in force in British India when Part III of the new Constitution Act came into operation; that all fines imposed and realized by Criminal Courts for offences committed within the cantonment areas in the United Provinces ought to be credited to provincial revenues; and that the plaintiffs are entitled to recover and adjust all such sums wrongly credited to Cantonment Funds since 1924. The declaration prayed for in the original plaint was limited to the last two matters; but, by leave of the Court, the'plaintiffs were allowed to amend it in order that the Court might be in a position to determine the real matter in issue in the case. The Governor-General in Council by his defence denies that any provisions of the Cantonments Act 1924, were invalid; and he contends further that the dispute with the plaintiff is not one which is justiciable before this Court and that this Court has therefore no jurisdiction to entertain the

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