Court : Allahabad
Decided on : Feb-14-1962
Reported in : AIR1963All395; 1963CriLJ118
..... a general provision with regard to the application of the c.p.c. consequently proceedings before an election tribunal constituted under the u. p. municipalities act approximate in all essential matters to proceedings in civil courts and the tribunal possesses the necessary attributes of a court.11. the learned counsel, ..... the provisions of c. p. c. are to be followed by the tribunal unless they are inconsistent with any provision of the u.p. municipalities act or any rule made thereunder. clause (d) of sub-section (2) of section 23 makes it obligatory on the tribunal to receive evidence adduced ..... 5. the only point that arises for determination is whether a tribunal, constituted by the state government under the u. p. municipalities act, for hearing an election petition is a court, within the meaning of clauses (b) and (c) if sub-section (1) of section 195 of ..... sri shiva kumar and others went in revision before the sessions judge. the sessions judge held that an election tribunal, constituted under the u. p. municipalities act, is a court within the meaning of section 195, 'cr. p. c. he has, therefore, made this reference with the recommendation mentioned above. ..... tribunal having the trappings of a court, have been explained and laid down by the supreme court in virindar kumar satyawadi v. state of punjab : 1956crilj326 . their lordships observed at p. 157:'it may be stated broadly that what distinguishes a court from a quasi-judicial tribunal is .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-24-1962
Reported in : 52ITR201(All)
..... arose whether an indian court should decide even in respect of properties situate in burma. it was contended before the federal court that under the municipal law a court of one state cannot decide in respect of the properties situated in another independent state. but their lordships held that in view ..... to any state, the high court for that state;(b) in relation to the union territories of delhi and himachal pradesh, the high court of punjab;(c) in relation to the union territories of manipur and tripura, the high court of assam;(d) in relation to the union territory of the andaman ..... noteworthy that though a suit or an appeal has been expressly included in the expression 'proceeding', nothing has been said about a reference under the act. neither of these two sections, therefore, apply to proceedings like the one before us.for the reasons mentioned above, we are of the opinion ..... of the fact that the burma independence act did not contain any provision which extinguished the jurisdiction of the indian courts in respect of suits already filed relating to properties in burma, ..... exercisable in respect of the district of ajmer by any high court or judicial commissioners court. the position before the passing of the states reorganisation act was that in respect of the income-tax matters, this court had jurisdiction over the district of ajmer and in other matters the judicial .....Tag this Judgment!