NaThe Singh and ors. Vs. Emperor

NaThe Singh and ors. vs Emperor

Type Court Judgment Court Allahabad Decided Nov 24, 1926

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https://sooperkanoon.com/case/479280

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Citation: sooperkanoon.com/479280
Court: Allahabad
Decided On: Nov 24, 1926
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

- - In future, therefore, failure on the part of the applicant to submit his application through the lower Court will operate as a bar to the application being entertained by the High Court.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

NaThe Singh and ors.

Respondent

Emperor

Legal References

Cases Referred: Sharif Ahamad v. Qabul Singh A.I.R.
Reported In: AIR1927All829

Excerpt

- - in future, therefore, failure on the part of the applicant to submit his application through the lower court will operate as a bar to the application being entertained by the high court.kendall, j.1. a preliminary objection has been taken to this application on the ground that no application has been made for revision to the sessions judge. it is admitted that no such application has been made, although it is claimed that the fact that an appeal was made to the district magistrate ought to be sufficient. that is, however, quite a different matter. it has been decided by a bench of this court in sharif ahamad v. qabul singh a.i.r. 1921 all. 30 that so far as the practice of the high court in the matter of applications for revision on the criminal side is concerned, an application to the lower court should be considered an essential step in the procedure. in future, therefore, failure on the part of the applicant to submit his application through the lower court will operate as a bar to the application being entertained by the high court. in view of this decision, i am precluded from tearing the application at this stage. it is, therefore, dismissed.

Full Judgment

Kendall, J.

1. A preliminary objection has been taken to this application on the ground that no application has been made for revision to the Sessions Judge. It is admitted that no such application has been made, although it is claimed that the fact that an appeal was made to the District Magistrate ought to be sufficient. That is, however, quite a different matter. It has been decided by a Bench of this Court in Sharif Ahamad v. Qabul Singh A.I.R. 1921 All. 30 that so far as the practice of the High Court in the matter of applications for revision on the criminal side is concerned, an application to the lower Court should be considered an essential step in the procedure. In future, therefore, failure on the part of the applicant to submit his application through the lower Court will operate as a bar to the application being entertained by the High Court. In view of this decision, I am precluded from tearing the application at this stage. It is, therefore, dismissed.

Same Parties NaThe Singh and ors. vs Emperor Same Subject Civil

Civil