Hamida Bibi Vs. Ali Husen Khan - Court Judgment

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.....of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase..........appealed from is an order passed under the first paragraph of section 366 of the code of civil procedure and that no appeal is provided for such order by section 988 of the code our attention was drawn in the course of the argument to the case of bhikaji ramchandra v. purskotam, i.l.r. 10 bom. 220, in which it was held that soon aft order is appealable. it was held by the learned judge who decided that appeal that such an order was virtually 'a decree within the meaning of section 2 of act no. xiv of 1882, as it disposes of the plaintiff's claim as completely as if a. salt had been dismissed.' the learned judges who decided that appeal appear to have overlooked the very important provisions of section 371, which allows fresno claiming to be the legal representative of a deceased to apply for an order to set aside the order of abatement. it cannot therefore be said that an order under the first paragraph of section 366 is an adjudication which, as far as the court expressing it, decides the suit or appeal. moreover, it is provided by clause (20) of section 588 of the code that am applicant whose application for an order to set aside an abatement is refused can appeal from such.....