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Secretary of State for India in Council Vs. Janardan Ganpatrao - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1904)ILR27Bom80
AppellantSecretary of State for India in Council
RespondentJanardan Ganpatrao
Excerpt:
privy council - appeal to privy council--appeal dismissed for want of prosecution--cost--order made by the high court that the appellant should pay the respondent's costs of application for leave to appeal. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case.....chandavarkar, j.1. the order passed by sir charles sargent and mr. justice telang, giving leave fib the appellant to appeal to the privy council, says that costs should follow the appeal. the privy council having dismissed the appeal for want of prosecution, we must, following the authority which the learned government pleader cited, viz., milson v. garter (1893) ap. ca. 638, correct the order and make the rule absolute with costs.2. the costs claimed by government are allowed after deducting one anna for the stamp on the application for copies, which item is not admissible.
Judgment:

Chandavarkar, J.

1. The order passed by Sir Charles Sargent and Mr. Justice Telang, giving leave fib the appellant to appeal to the Privy Council, says that costs should follow the appeal. The Privy Council having dismissed the appeal for want of prosecution, we must, following the authority which the learned Government Pleader cited, viz., Milson v. Garter (1893) Ap. Ca. 638, correct the order and make the rule absolute with costs.

2. The costs claimed by Government are allowed after deducting one anna for the stamp on the application for copies, which item is not admissible.


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