Promod Vohra Thesis

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Menon which was made expressly a part of the Agreement cannot take advantage of cl. If they were parties, Article 363 would bar such plea.

In this case, the present respondents who were not parties to the merger agreement or to the letter written by Mr.

The Act of State which began in' 1948 could continue uninterrupted even beyond 1950 and it did not lapse or get replaced by another Act of State.

For them state succession was over some time in 1948. Politically and 464 ethically there might have been some reason to accept and respect such concessions but neither is a reason for the Municipal Courts to intervene. The view of the Supreme Court of United States or the view taken in international law has not been accepted by this Court. The plaintiffs then appealed to the High Court and the High Court allowed all appeals and the suits were decreed.' The High Court held on the basis of the letter written by Shri V. Menon, Secretary that the succeeding sovereign had waived or relinquished its right to repudiate the Tharao. The High Court further held that the Tharao was not a legislative action of the Ruler of Sant State. (i) The Act of State comes to an end only when the new sovereign recognises either expressly or impliedly the rights of the aliens. This Court has accepted the principles laid down by the Courts in England in regard to the limits of the jurisdiction of Municipal Courts. In the United States the Constitution declares a treaty to be the law of the land. Article 253 enables legislation to be made to implement international treaties. (iii) The original Act of State continued even after January 26, 1950, because there was no state succession on January 26, 1950 in so far as the people of Sant State were concerned. In the present case the rights were never recognised by the Government. 462 Thereupon these respondents filed suits for declaration of rights in the forests and for a permanent injunction against interference with those rights by the State. The Government of Bombay, after considering the implications of the Tharao, decided that the order was mala fide and cancelled it on 8th July 1949 In the meantime these respondents were stopped from working the forests by the Government of Bombay.


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