cannot be
equated to the "Henry VIII clause" of the Acts of the
British Parliament because while the power under ... once when the Act is extended, the power
under a "Henry VIII clause" can be invoked, if there is
nothing contrary
others frowned
upon it, and nicknamed it as "Henry VIII Clause" after the
British Monarch who was a notorious personification of
absolute despotism ... time-limit of one year within
which the power under a Henry VIII Clause should be
exercisable, was only a recommendation
empowering the government to
remove the difficulties. Thus, it is a Henry VIII clause and
therefore, the removal of difficulties clause can not be utilized ... Govt. resolution No. 709, which is relied upon by the
Government. Henry VIII clause and the rule making power
are quite different and one cannot
directing Housing Commissioner RHB to dissolve AVS reminds me "the Henry VIII Clause". Henry VIII is regarded popularly as the impersonation of executive ... provisions of other Acts also was given nickname "the Henry VIII Clause" by the Committee- in its report on Ministers submitted
confused with what came to be known in England as 'Henry VIII clause' "named after that monarch in disrespectful commemoration ... Alien further,
"It (the so-called 'Henry VIII clause') gives an executive authority power to amend the parent Act, or (usually
made any provision, certainly the Government can, under the Henry VIII clause to remove the difficulties, make suitable provision to provide for the devolution ... argued that it can be done by rules or under the Henry VIII clause. If a power to abolish can be spelled out, then recourse
upon the assigns of the lessor under the statute of 32 Henry VIII, C. 34. The Court of Appeal held that the proviso or covenant ... exact fulfillment thereof. With this latter question the statute of Henry VIII does not profess to deal.
35. It is worthy of note that
fast
approaching. Its only parallel is to be found in the Henry VIII
clause so familiar to administrative lawyers."
As all lawyers ... with administrative law, we
may as well explain that "the Henry VIII clause" is a provision
occasionally found in legislation conferring delegated
legislative
fast approaching. Its
only parallel is to be found in the Henry VIII clause so familiar to
administrative lawyers."
As all lawyers ... with administrative law, we may as well
explain that "the Henry VIII clause" is a provision occasionally found in
legislation conferring delegated legislative
Malaviya has also contended that, at least since the time of Henry VIII, joint tenants and tenants in common and persons jointly entitled ... paid. It is quite true that, prior to the Statute 31 Henry VIII, Cap. I, tenants in common and joint tenants could not compel partition