Privy Council Court July 1949 Judgments

Sree Meenakshi Mills, Ltd. Vs. Provincial Textile Commissioner, Madras

Court: Privy Council

Sir Madhavan Nair: This is an appeal by special leave from a judgment and order of the High Court of Judicature at Madras in its civil appellate jurisdiction, dated 23rd April 1946, which affirmed a judgment and order of the said High Court in its original civil jurisdiction, dated 29th March 1946. [2] The appeal arises out of an application to the High Court of Madras made by the appellant, the Sree Meenakshi Mills Limited, under S. 45, Specific Relief Act, 1877, against the respondent, the Provincial Textile Commissioner, Madras. It concerns the validity of certain seizures made by the respondent of yarn belonging to the appellant. [3] The material provisions of S. 45, Specific Relief Act, are as follows : "45. Any of the High Courts of Judicature at Fort William, Madras and Bombay may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction, by any person holding a public office, whether of a permanent or te...