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Partab Singh and ors. Vs. Daulat and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1914)ILR36All63
AppellantPartab Singh and ors.
RespondentDaulat and ors.
Excerpt:
.....board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the school run by cantonment board being covered under rule 2 (f) of the cantonment fund servants rules, 1937 can file appeal under rules 13, 14 and 15 to authorities provided therein against any order imposing any penalties etc. [deolali cantonment board v usha devidas dongre, 1993 mah. lj 74; 1993 lab ic 1858 overruled]. -- maharashtra employees of private schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised.....henry richards, c.j. and tudball, j.1. we think, having regard to the fact that the appellants could not have maintained the suit as against the vendees had they instituted the suit themselves, they cannot take advantage of the fact that their father at the time of the suit had a preferential right as against the vendees on the ground that he was a nearer relation. we accordingly dismiss the appeal with costs.
Judgment:

Henry Richards, C.J. and Tudball, J.

1. We think, having regard to the fact that the appellants could not have maintained the suit as against the vendees had they instituted the suit themselves, they cannot take advantage of the fact that their father at the time of the suit had a preferential right as against the vendees on the ground that he was a nearer relation. We accordingly dismiss the appeal with costs.


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