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Duvvuru Lakshminarasamma and ors. Vs. Mandala Swami and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1945Mad156; (1945)1MLJ37
AppellantDuvvuru Lakshminarasamma and ors.
RespondentMandala Swami and ors.
Excerpt:
- .....henry lionel leach, c.j.1. this is an appeal against an order of shahabuddin, j., refusing to grant a certificate under section 205 of the government of india act. the appellants desired to appeal to the federal court against an order passed by the learned judge on the revision petition. the learned judge held that no question of interpretation of the government of india act or any order in council made there under arose at the trial and consequently he refused to grant a certificate.2. this court has no power to interfere. the section says that an appeal shall lie to the federal court from a judgment, decree or final order of a high court in british india, if the high court certifies that the case involves a substantial question of law as to the interpretation of the act or an.....
Judgment:

Alfred Henry Lionel Leach, C.J.

1. This is an appeal against an order of Shahabuddin, J., refusing to grant a certificate under Section 205 of the Government of India Act. The appellants desired to appeal to the Federal Court against an order passed by the learned Judge on the revision petition. The learned Judge held that no question of interpretation of the Government of India Act or any Order in Council made there under arose at the trial and consequently he refused to grant a certificate.

2. this Court has no power to interfere. The section says that an appeal shall lie to the Federal Court from a judgment, decree or final order of a High Court in British India, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Act or an Order in Council made thereunder. The order of Shahabuddin, J., was the order of the High Court and he alone could grant the certificate.

3. The appeal is dismissed.


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