JUDGMENT

Gwyer, C.J. - In this case I find myself entirely in agreement with the judgment to be delivered by my brother Varadachariar, which I have had an opportunity of reading. I do not think it necessary therefore to deliver a judgment of my own; but, with regard to the question whether the Court is entitled to take into account legislative changes since the decision under appeal was given, I desire to point out that the rule adopted by the Supreme Court of the United States is the same as that which I think commends itself to all three members of this Court. In Patterson v. State of Alabama (1934) 294 U S 600 at p. 607, Hughes C. J., said:

We have frequently held that in the exercise of our appellate jurisdiction we have power not only to correct error in the judgment under review but to make such disposition of the case as justice requires. And in determining what justice does require, the Court is bound to consider any change, either in fact or in law, which has supervened since the judgment was entered.

2. This view of its powers was re-affirmed by the Court in a case decided as recently as March last:Minnesota v. National Tea Company (1940) 309 US 551 at p. 555.

Sulaiman, J.

3.