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Poresh Nath Chatterjee Vs. Secretary of State for India in Council - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1889)ILR16Cal32
AppellantPoresh Nath Chatterjee
RespondentSecretary of State for India in Council
Excerpt:
appeal - additional judge--district judge--land acquisition act (x of 1870), section 39--civil procedure code (act xiv of 1882), section 647. - pigot and gordon, jj.1. as to the preliminary objection taken, we hold that an additional judge appointed to sit to hear cases under the land acquisition act is a district judge within the meaning of section 39, and we think that, having regard to the provisions of section 647, code of civil procedure, an appeal lies to this court.2. as to the appeal itself, we think that there is no ground on which it can be sustained, and we therefore dismiss the appeal with costs to the respondent, who appears, other than the secretary of state. we give no costs to the secretary of state, who appeared, but stated that he had no interest in the matter.
Judgment:

Pigot and Gordon, JJ.

1. As to the preliminary objection taken, we hold that an Additional Judge appointed to sit to hear cases under the Land Acquisition Act is a District Judge within the meaning of Section 39, and we think that, having regard to the provisions of Section 647, Code of Civil Procedure, an appeal lies to this Court.

2. As to the appeal itself, we think that there is no ground on which it can be sustained, and we therefore dismiss the appeal with costs to the respondent, who appears, other than the Secretary of State. We give no costs to the Secretary of State, who appeared, but stated that he had no interest in the matter.


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