at the most it could only be taken as far as a statement that the Courts would

At the most it could only be taken as far as a

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at the most it could only be taken as far as a statement that the Courts would have to consider the Constitution as modified by His Majesty at the time of consideration. The Attorney-General then proceeded to deal with the remitting by the trial Judge of the proceedings to the Registrar to take an account and for necessary consequential orders following on that account. It was the submission of the Attorney-General that on the law of the Federation as set out in the Enactments and cases to which he makes reference in his written submissions a judgment cannot be entered against the Government of the Federation . How far those pre-merdeka judgments are affected by the new
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Page 25 of 25 GOVERNMENT OF THE FEDERATION OF MALAYA v SURINDER SINGH KANDA Constitution is not clear to me but I find it unnecessary in the light of the undertaking twice repeated by the Attorney-General to make a decision thereon. The reason for this will be clear when reference is made to the actual order which I would make on this appeal. For myself I would grant the appeal to the extent of deleting from the declaration the words, "and still is a member of the force," and substituting the words, "and was at the date of filing of the suit a member of the force". As regards the remitting to the Registrar, I would order a stay of that part of the order pending a further order of this Court. In view of the judgments of the majority of the Court I would content myself on the question of costs with saying I see no reason why the successful party should not get his or its costs. I note that I have not dealt with the so-called cross-appeal. I have not done so because when the question was raised during the hearing by the learned Chief Justice I am not certain whether counsel for the respondent withdrew or abandoned it — but if it still remains extant, in my opinion, it is not a cross-appeal in that it is not sought on behalf of the respondent to set aside the order or the judgment in the Court below or any part thereof. It is therefore not a proper cross-appeal. It is no more, in my opinion, than respondent's reasons additional to the judgment of Rigby J. to support the actual judgment in the Court below. Appeal allowed; Cross-appeal dismissed. End of Document
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