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State of West Bengal and ors. Vs. Indira Debi and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1849 of 1968,
Judge
Reported in(1977)3SCC559
ActsCode Of Civil Procedure (CPC), 1908 - Section 151
AppellantState of West Bengal and ors.
Respondentindira Debi and anr.
DispositionAppeal Allowed
Excerpt:
- [a.n. ray, c.j. and; m.h. beg, j.] -  code of civil procedure, 1908 — section 151 — held, does not confer any additional jurisdiction on the court — inherent power of courts of record and civil courts is recognised by this section -- section 151 of the code of civil procedure does not confer any additional jurisdiction on the court. insofar as the courts of record and civil courts are concerned, they have their inherent power which is recognised by section 151. the parties accept that this notice be treated as notice under section 57 of the west bengal estates acquisition act, 1954 and it will be valid for the purposes mentioned under the said section 57 of the act......there is at the top of the notice in writing — “case no. 124 under section 151 of the civil procedure code”.3. it is obvious that reference to section 151 of the civil procedure code cannot be a source of power as far as notice under section 57 of the act is concerned. section 151 of the code of civil procedure does not confer any additional jurisdiction on the court. insofar as the courts of record and civil courts are concerned, they have their inherent power which is recognised by section 151.4. the parties accept that this notice be treated as notice under section 57 of the west bengal estates acquisition act, 1954 and it will be valid for the purposes mentioned under the said section 57 of the act.5. it is made clear that whatever power the authorities have under.....
Judgment:

A.N. Ray, C.J. and; M.H. Beg, J.

1. This appeal by certificate is against the judgment and order dated August 11, 1965 of the High Court of Calcutta.

2. This appeal turns on the validity of a notice under Section 57 of the West Bengal Estates Acquisition Act, 1954, referred to as the Act. There is at the top of the notice in writing — “Case No. 124 under Section 151 of the Civil Procedure Code”.

3. It is obvious that reference to Section 151 of the Civil Procedure Code cannot be a source of power as far as notice under Section 57 of the Act is concerned. Section 151 of the Code of Civil Procedure does not confer any additional jurisdiction on the Court. Insofar as the courts of record and civil courts are concerned, they have their inherent power which is recognised by Section 151.

4. The parties accept that this notice be treated as notice under Section 57 of the West Bengal Estates Acquisition Act, 1954 and it will be valid for the purposes mentioned under the said Section 57 of the Act.

5. It is made clear that whatever power the authorities have under the Act, they will be at liberty to call in aid only those powers for the purposes mentioned in the Act.

6. The High Court order is set aside and is modified to the extent indicated above and the appeal is disposed of.

7. Parties will pay and bear their own costs throughout.


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