Array ( [0] => ..... whether a sale by the official liquidator, in the process of winding up a company, fell within section 2(d) of the transfer of property act, but since the learned judges observe that without the order sanctioning the sale the defendant would have got no title from the official liquidator, linfer that there was a specific order of ..... have authority to do so, and it is not necessary in order that such purchaser may be protected under section 43 that he should have instituted any further inquiries. the section itself contains nothing which would make it inapplicable to a sale by a public servant, but reliance has been placed on the terms of section 2 ..... in this appeal facts may be briefly stated as follows. one muttayya applied in 1918 to be declared an insolvent to the district court of kistna. the district judge passed the order ' transferred to the official receiver for disposal ' and did nothing else. the official receiver adjudicated muttayya an insolvent and instead of remitting the case ..... [1] => ..... 's court is not a court subordinate to the high court, except in so far as cases may come before it in special appeal from the special judge in certain proceedings under the tenancy act.9. the case of emperor v. gopal barik (1906) i.l.r. 34 calc. 42 is in direct conflict with kali prosad's case (1903) 8 c ..... . further, it seems to me the jurisdiction of the criminal bench of this court cannot be ousted once the proceedings under section 476 have been forwarded to the magistrate for inquiry into the alleged offence, for the high court in its exercise of criminal jurisdiction, even if it be taken in its limited sense, can send for the record from the ..... , and may send the accused in custody, or take sufficient security for his appearance before such magistrate; and may bind over any person to appear and give evidence on such inquiry or trial.' on behalf of the petitioner it has been contended that when action is taken by a civil court under section 476 the proceeding before it is a proceeding ..... [2] => ..... of the lawgiver." nowadays, when it is a rare thing to find a preamble in any public general statute, the field of inquiry is even narrower than it was in former times. in the absence of a preamble there can, i think, be only two ..... the intent of the parliament" which passes them. that is "the only rule," said tindal c.j., delivering the opinion of the judges who advised this house, in the sussex peerage case.(1)but his lordship was careful to add this note of warning: "if the ..... a court of justice to presume that the legislature could not when it passed the act have intended to go as far as the plain words used say, but that if judges could speculate as to its intentions they would probably speculate wrongly. i pass, therefore ..... be used with great caution. there is a danger that it may degrade into mere judicial criticism of the propriety of the acts of the legislature. we have to interpret statutes according to the language used therein, and, though occasionally the respective consequences of ..... [3] => ..... district magistrate declined to forward the record, on the ground that the provisions of the code of criminal procedure did not apply to the inquiry which he was conducting. the sessions judge adjourned the hearing of the applications to the 22nd february, when the advocate general appeared before him and argued that he had no jurisdiction ..... if he considers that an offence mentioned in the schedule has not been made out and that another has. whether a magisterial inquiry under the act would justify a commitment under the code, or whether another inquiry would be necessary for that purpose, we need not decide; but a second enquiry is at all events open to the ..... magistrate, and that fact deprives the argument of the accused on this point of any weight.7. the result is that we must hold that the sessions judge ..... [4] => ..... that any alienation contrary to the provisions of the section 'shall be null and void; and it shall be lawful for the collector... whenever he shall, upon due inquiry, find that any person is in possession of any portion of any bhag... other than a recognised sub-division of such bhag in violation of any of the provisions ..... raised in the trying court, the point was taken in the first defendant's written statement, and has been discussed by the judge below; having regard to these circumstances and to section 4 of the limitation act, i think that mr. shah is entitled to argue the question of limitation in this appeal.3. now the argument which found ..... lower appeal court, and which accordingly the appellant has now to displace, is that possession acquired under an alienation made in contravention of section 3 of the bhagdari act can never become adverse so as to bar a suit for recovery by the individual alienor or his representatives in interest. this argument is grounded upon the general scheme ..... [5] => ..... that any alienation contrary to the provisions of the section 'shall be null and void; and it shall be lawful for the collector * * * whenever he shall, upon due inquiry, find that any person is in possession of any portion of any bhag * * * other than a recognised sub-division of such bhag in violation of any of the provisions ..... raised in the trying court, the point was taken in the first defendant's written statement, and has been discussed by the judge below; having regard to these circumstances and to section 4 of the limitation act, i think that mr. shah is entitled to argue the question of limitation in this appeal.3. now the argument, which ..... lower appeal court, and which accordingly the appellant has now to displace, is that possession acquired under an alienation made in contravention of section 3 of the bhagdari act can never become adverse so as to bar a suit for recovery by the individual alienor or his representatives in interest. this argument is grounded upon the general ..... [6] => ..... section 77 the conclusion necessarily follows that to create a right of suit-in the civil court there must have been a refusal to order registration following upon an inquiry held upon an application presented within time.41. i will now endeavour to show that any other interpretation than that now put upon section 73 and the following ..... to order the document to be registered under section 76' imply, in my opinion, that the document must have been presented in time under section 73, and that after inquiry the registrar has refused to direct it to be registered. i hold, therefore, that there has been no 'refusal' to direct registration, in this case under section 76, ..... , was made to registrar, who rejected it because it was presented too late. a suit was then brought under section 77 of the act to compel registration. the munsif dismissed the suit, and the judge (as here) having reversed that decision, the high court in second appeal affirmed the decision of the munsif and set aside that of ..... [7] => ..... the appellant; but it is not necessary in this case to go so far as that judgment goes. and considering that section 7 of the succession certificate act expressly provides that the inquiry is to be a summary one, we think the contention of the learned vakil for the respondent is so far correct, that much of what is ..... , and it is clearly not intended to afford to litigant parties an opportunity of litigating contested questions of title to property. but though that is so, the act requires the judge upon an application for a certificate to be satisfied that there is ground for entertaining the application, and if he is so satisfied, then to issue certain notices ..... said in that judgment would be inapplicable to cases coming under the present succession certificate act; but as we have said above there must be some inquiry into the title of the applicant.9. we quite appreciate the reason that induced the judge to take the course he has taken; and if the law had furnished any warrant for ..... [8] => ..... zillah courts. except in ,section 8 there is no provision for an enquiry into the rates of rent and under that section the inquiry is to be conducted by the collectors. there was no such provision in the regulation of 1802, nor was there any absolute ..... just mentioned, was intended to be sought only in the court of the collector. in view of the peculiar nature of the inquiry which may include 6 m.h.c.r.244 the question what under the circumstances of the case is a fair and just ..... specific relief. if the patta or muchilika tendered by the aggrieved party is not a proper one, there is to be an inquiry in the manner prescribed in the 11th section according to which in the absence of evidence of express or implied contract or of ..... r. 312 which is a full bench decision, the learned judges discussed at length the relation of act viii of 1865 to the prior state of law on the subject and all the judges agreed in the opinion that act viii of 1865 created only an alternative remedy and did not ..... [9] => ..... . mukkee gopalier 7 m.h.c.r., 312, which is a full bench decision, the learned judges discussed at length the relation of act viii of 1865 to the prior state of law on the subject, and all the judges agreed in the opinion that act viii of 1865 created only an alternative remedy and did not oust the regular jurisdiction of the ..... a prosecution in the court for refusal to deliver a patta. regulation xxviii of 1802 dealt with recovery of arrears of rent by summary process, and powers of summary inquiry and by regular suit were vested in the zillah courts. regulation v of 1822 enabled collectors for the first time to take primary cognizance of summary suits cognizable by zillah ..... the specific relief provided for by the sections just mentioned was intended to be sought only in the court of the collector. in view of the peculiar nature of the inquiry mahasingavastha ayyar v. gopala ayyan 6 m.h.c.r. 239, which may include the question what, under the circumstances of the case, is a fair and just ..... [10] => ..... 18 luck. 183 : (a.i.r. (29) 1942 oudh 391) and misri lal v. gajadhar, 1913 o. w. n. 347 : (a. i. r. (30) 1943 oudh 433). the learned judges observed :'section 12, agriculturists' relief act, provides a cheap and summary remedy for redemption of mortgages by the agriculturists and it would be repugnant to the policy and principle of the ..... of the two questions which has been referred to the fall bench did not directly arise in that case. the learned judge however made the following observations. (page 89 of the report (column 2):)'section 27, agriculturists' relief act states that the provisions of the code of civil procedure in regard to baits shall be followed, be far as they ..... anomaly in the law.'the learned judges then referred to section 27 of act xxvii [27] of 1934 and further observed :' this would seem to bring in the whole of order 34 and make it applicable. we see no reason why rule 9 should not be applied to an inquiry which is analogous to an inquiry which is actually under rule 7 ..... [11] => ..... whether the mandatory provisions of section 526(8) apply to applications at that stage of the case.7. section 526(8) is as follows : 'if in any inquiry under chapter viii or chapter xviii or in any trial, any partyinterested intimates to the court at any stage before the defence closes its case that he intends to ..... conviction is illegal, because the judgment that was delivered was written by the predecessor in office. he contends_ that it is a fundamental rule of criminal jurisprudence that the judge who hears the evidence must pronounce the judgment and he relies on 'alli khan in re', i.l.r. (1947) mad. 365 in support of his contention ..... in the civil procedure code, and similarly he refers to section 350 crl.p.c. as a modification introduced in the criminal procedure code, under section 350, a successor is permitted to act on the evidence recorded by the predecessor or partly recorded by him. but there is no corresponding provision relating to sessions trials. in 'sankara pillai in re', 18 ..... [12] => ..... account:--(a) of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or(b)........ .(c) of the omission to revise any list of jurors or assessors in accordance with section 324, or(d) of ..... husain v. mirza fakhrullah, 8 luck. 185 : a. i. r. (19) 1932 oudh 298 : (34 cr. l. j. 58). the judges constituting the bench were divided in opinion.35. section 33, evidence act runs as follows: section 33. 'evidence given by the witness in a judicial proceeding, or before any person authorised by law to take it, is ..... penal code. several prosecution witnesses were examined in court including mr. h. c. thorpe, garrison engineer.5. when the case came up before the session court, the learned judge amended the charge by adding a charge 'in the alternative' under section 408, penal code. the amended charge read as follows:'i, b. g. singh, hereby charge ..... [13] => ..... the same acoused alleging that the police investigation had not been genuine, and the matter was referred by the magistrate to a respectable gentleman of the locality tor inquiry, who submitted his report that the complainant's original allegations were true and that tbe woman concerned in the case had since been abducted. on this report ..... under the inherent powers of the high court under section e61a or else under section 249, criminal p.c. both these applications were dismissed by the learned sessions judge and similar petitions have now been filed in this court.4. on behalf of the petitioner, mr. parshotam tikamdab has first argued the petition under section 661a, ..... properly applied in that case.14. la the allahabad case the facts were that a number of accused were prosecuted by the police under section 13, gambling act, for gambling in a public thoroughfare. it appears that before the evidence of the witnesses was recorded, the magistrate inspected the spot and found that the nearest ..... [14] => ..... to be abolished. 18. on 26th march 1774, the charter of the supreme court was issued by king george iii. in consequence of certain disputes between the judges and the executive an act of settlement (21 george in cap. 70) was passed in 1781. this was the position at the end of the eighteenth century. it is not necessary ..... court. 12. we have, therefore, to consider how and when the high court or its predecessor courts acquired revisional powers. 13. this involves in the first place an inquiry into the setting up of courts of justice in british india. 14. so far as the east india company's settlement was concerned, a mayor's court was established ..... of the high court but concurred with khundkar j. in holding that the power of superintendence of the high court under section 107, government of india act was exercisable because the district judge as an election court functioned not as a persona designata, but as a court, subject to the superintendence by the high court. 52. three classes ..... [15] => ..... jaunpur, on behalf of the defendant was as follows:'no. the inspector-general of police studied the file and the proceedings and the evidence recorded by the inquiry board and based his findings on that material. no further opportunity was given to the plaintiff.'the parties made a statement on 13th march 1943 that they did ..... show that it was an order illegal or without authority. the inspector general professed to dismiss him with effect from 18th august 1989 but the learned civil judge has held that he could not give retrospective effect to his order of dismissal and accordingly treating the appellant as under suspension for the entire period ending on ..... or authorise the indian legislatures or local legislatures to make laws regulating the public services:'provided that every person appointed before the commencement of the government of india act, 1919, by the secretary of state in council to the civil service of the crown in india shall retain all his existing or accruing rights, or ..... [16] => ..... an account of all moneys received and expended by him on behalf of the waqf. in compliance with these provisions latafat ali (wilait ali being dead) acting as mutwalli submitted to the district judge a statement giving description of the shops in dispute, and also filed accounts for the period 15th august 1922 to 31st march 1927. thus latafat ali ..... dedicated unless there was an intention to dedicate it, and, so far as this court is concerned, possession was delivered to the mutwalli. when one is making an inquiry into the very existence of the intention, the above quoted statement has no application. so it was open to the defendants to rely upon the subsequent conduct of wilayat ..... : air1934cal14 , the waqif's subsequent conduct.'if it is merely in continuation of his conduct at the time and of a piece with it,'is relevant in any inquiry into the existence of intention, if the evidence is about his conduct at a time which is separated from the time of the execution of waqf by an interval in ..... [17] => ..... we do not know anything about this land till we come to the year 1877. in that year the cantonment authorities evidently wanted to build two bungalows. there were inquiries made through one mr. whiteaway, settlement officer, who prepared a register and a map of the muttra cantonment. in that register he noted against each plot the names ..... map is, however, available. from the report of the settlement officer, ex. 10, dated 23rd june 1877, as also from the inspection note of the learned civil judge it appears that there were a number of old graves on this plot. in his report the settlement officer classified the land under various heads and mentioned that there were ..... come to an end on the expiry of the sixty years period.9. learned standing counsel had admitted that there is no provision in the cantonment act or in the limitation act which prevents adverse possession running against a cantonment board. it is not, therefore, clear why the lower court has said that the limitation could begin ..... [18] => ..... on 30-3-1936, the uncle was assessed to income-tax in ignorance of such division as manager of a joint hindu family for 1936-37. the learned judges held :'that under madras act iv [4] of 1988, the family so assessed cannot be deemed to be & person after 30-3-1936, and the divided member .... is not disentitled ..... -tax act xi [11] of 1922 reads as follows :'where, at the time of making an assessment under section 23, it is claimed by or on behalf of any member of a hindu family hitherto (assessed as) undivided that a partition has taken place among the members of such family, the income-tax officer shall make such inquiry thereinto ..... in venkatadri somappa v. venkatasami chetti : air1941mad672 . that was a case of a partnership of which the person claiming relief under the madras agriculturists' belief act was a partner. the learned judges held that 'when the income of a partnership is assessed to tax what is really assessed is the income of the individual partners and therefore the applicant ..... [19] => ..... , it is permissible for the truth and accuracy of the recital to be inquired into by this court. it was suggested that section 59 (2), constitution act made it impossible for any such inquiry to take place. in my judgment, however, section 59 (2) prohibits a duly authenticated order being called in question on one ground and one ground only ..... to remember that the satisfaction has to be on the consideration of the materials available to the detaining authority which may not be legal evidence.'23. the other learned judges composing the bench, raghubar dayal and wanchoo jj. agreed with this view.24. similarly in a case decided by a bench of the chief court of avadh by ..... severe.22a. it was contended that the words of section 3 (1) are doubtful and they should be construed in such a way as to enable the courts to judge whether reasonable grounds existed for the satisfaction of the government. he placed great reliance on the judgment of lord atkins in liversidge v. sir john anderson, 1942 a. c ..... ) Judges Inquiry Act 1968 Preamble 1 Judges Inquiry Act 1968 - Sortby Recent - Court Privy Council - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: recent Court: privy council Page 2 of about 1,265 results (0.030 seconds)

Aug 13 1926 (PC)

Pinnamameni Basava Sankaram (Minor) by Mother and Guardian Rattamma Vs ...

Court : Chennai

Reported in : AIR1927Mad1; (1926)51MLJ529

..... whether a sale by the official liquidator, in the process of winding up a company, fell within section 2(d) of the transfer of property act, but since the learned judges observe that without the order sanctioning the sale the defendant would have got no title from the official liquidator, linfer that there was a specific order of ..... have authority to do so, and it is not necessary in order that such purchaser may be protected under section 43 that he should have instituted any further inquiries. the section itself contains nothing which would make it inapplicable to a sale by a public servant, but reliance has been placed on the terms of section 2 ..... in this appeal facts may be briefly stated as follows. one muttayya applied in 1918 to be declared an insolvent to the district court of kistna. the district judge passed the order ' transferred to the official receiver for disposal ' and did nothing else. the official receiver adjudicated muttayya an insolvent and instead of remitting the case .....

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Feb 04 1913 (PC)

Emperor Vs. Har Prasad Das

Court : Kolkata

Reported in : (1913)ILR40Cal477

..... 's court is not a court subordinate to the high court, except in so far as cases may come before it in special appeal from the special judge in certain proceedings under the tenancy act.9. the case of emperor v. gopal barik (1906) i.l.r. 34 calc. 42 is in direct conflict with kali prosad's case (1903) 8 c ..... . further, it seems to me the jurisdiction of the criminal bench of this court cannot be ousted once the proceedings under section 476 have been forwarded to the magistrate for inquiry into the alleged offence, for the high court in its exercise of criminal jurisdiction, even if it be taken in its limited sense, can send for the record from the ..... , and may send the accused in custody, or take sufficient security for his appearance before such magistrate; and may bind over any person to appear and give evidence on such inquiry or trial.' on behalf of the petitioner it has been contended that when action is taken by a civil court under section 476 the proceeding before it is a proceeding .....

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Nov 18 1912 (PC)

Vacher and Sons, Limited Vs. London Society of Compositors

Court : House of Lords

..... of the lawgiver." nowadays, when it is a rare thing to find a preamble in any public general statute, the field of inquiry is even narrower than it was in former times. in the absence of a preamble there can, i think, be only two ..... the intent of the parliament" which passes them. that is "the only rule," said tindal c.j., delivering the opinion of the judges who advised this house, in the sussex peerage case.(1)but his lordship was careful to add this note of warning: "if the ..... a court of justice to presume that the legislature could not when it passed the act have intended to go as far as the plain words used say, but that if judges could speculate as to its intentions they would probably speculate wrongly. i pass, therefore ..... be used with great caution. there is a danger that it may degrade into mere judicial criticism of the propriety of the acts of the legislature. we have to interpret statutes according to the language used therein, and, though occasionally the respective consequences of .....

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Mar 11 1910 (PC)

Emperor Vs. Lalit Kumar Chatterjee

Court : Kolkata

Reported in : (1910)ILR37Cal439

..... district magistrate declined to forward the record, on the ground that the provisions of the code of criminal procedure did not apply to the inquiry which he was conducting. the sessions judge adjourned the hearing of the applications to the 22nd february, when the advocate general appeared before him and argued that he had no jurisdiction ..... if he considers that an offence mentioned in the schedule has not been made out and that another has. whether a magisterial inquiry under the act would justify a commitment under the code, or whether another inquiry would be necessary for that purpose, we need not decide; but a second enquiry is at all events open to the ..... magistrate, and that fact deprives the argument of the accused on this point of any weight.7. the result is that we must hold that the sessions judge .....

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Oct 15 1908 (PC)

Adam Umar Sale Vs. Bapu Bavaji

Court : Mumbai

Reported in : (1908)10BOMLR1128

..... that any alienation contrary to the provisions of the section 'shall be null and void; and it shall be lawful for the collector... whenever he shall, upon due inquiry, find that any person is in possession of any portion of any bhag... other than a recognised sub-division of such bhag in violation of any of the provisions ..... raised in the trying court, the point was taken in the first defendant's written statement, and has been discussed by the judge below; having regard to these circumstances and to section 4 of the limitation act, i think that mr. shah is entitled to argue the question of limitation in this appeal.3. now the argument which found ..... lower appeal court, and which accordingly the appellant has now to displace, is that possession acquired under an alienation made in contravention of section 3 of the bhagdari act can never become adverse so as to bar a suit for recovery by the individual alienor or his representatives in interest. this argument is grounded upon the general scheme .....

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Oct 15 1908 (PC)

Adam Umar Sale Vs. Bapu Bawaji and ors.

Court : Mumbai

Reported in : 1Ind.Cas.663

..... that any alienation contrary to the provisions of the section 'shall be null and void; and it shall be lawful for the collector * * * whenever he shall, upon due inquiry, find that any person is in possession of any portion of any bhag * * * other than a recognised sub-division of such bhag in violation of any of the provisions ..... raised in the trying court, the point was taken in the first defendant's written statement, and has been discussed by the judge below; having regard to these circumstances and to section 4 of the limitation act, i think that mr. shah is entitled to argue the question of limitation in this appeal.3. now the argument, which ..... lower appeal court, and which accordingly the appellant has now to displace, is that possession acquired under an alienation made in contravention of section 3 of the bhagdari act can never become adverse so as to bar a suit for recovery by the individual alienor or his representatives in interest. this argument is grounded upon the general .....

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Apr 24 1902 (PC)

imam Bandi Bibi Vs. Udit Upadhia and anr.

Court : Allahabad

Reported in : (1902)ILR24All402

..... section 77 the conclusion necessarily follows that to create a right of suit-in the civil court there must have been a refusal to order registration following upon an inquiry held upon an application presented within time.41. i will now endeavour to show that any other interpretation than that now put upon section 73 and the following ..... to order the document to be registered under section 76' imply, in my opinion, that the document must have been presented in time under section 73, and that after inquiry the registrar has refused to direct it to be registered. i hold, therefore, that there has been no 'refusal' to direct registration, in this case under section 76, ..... , was made to registrar, who rejected it because it was presented too late. a suit was then brought under section 77 of the act to compel registration. the munsif dismissed the suit, and the judge (as here) having reversed that decision, the high court in second appeal affirmed the decision of the munsif and set aside that of .....

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Jan 03 1896 (PC)

Hurri Krishna Panda Vs. Balabhadra Panda

Court : Kolkata

Reported in : (1896)ILR23Cal431

..... the appellant; but it is not necessary in this case to go so far as that judgment goes. and considering that section 7 of the succession certificate act expressly provides that the inquiry is to be a summary one, we think the contention of the learned vakil for the respondent is so far correct, that much of what is ..... , and it is clearly not intended to afford to litigant parties an opportunity of litigating contested questions of title to property. but though that is so, the act requires the judge upon an application for a certificate to be satisfied that there is ground for entertaining the application, and if he is so satisfied, then to issue certain notices ..... said in that judgment would be inapplicable to cases coming under the present succession certificate act; but as we have said above there must be some inquiry into the title of the applicant.9. we quite appreciate the reason that induced the judge to take the course he has taken; and if the law had furnished any warrant for .....

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May 08 1891 (PC)

Ramaiyar Vs. Vedachela Mudallar

Court : Chennai

Reported in : (1896)6MLJ684

..... zillah courts. except in ,section 8 there is no provision for an enquiry into the rates of rent and under that section the inquiry is to be conducted by the collectors. there was no such provision in the regulation of 1802, nor was there any absolute ..... just mentioned, was intended to be sought only in the court of the collector. in view of the peculiar nature of the inquiry which may include 6 m.h.c.r.244 the question what under the circumstances of the case is a fair and just ..... specific relief. if the patta or muchilika tendered by the aggrieved party is not a proper one, there is to be an inquiry in the manner prescribed in the 11th section according to which in the absence of evidence of express or implied contract or of ..... r. 312 which is a full bench decision, the learned judges discussed at length the relation of act viii of 1865 to the prior state of law on the subject and all the judges agreed in the opinion that act viii of 1865 created only an alternative remedy and did not .....

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Dec 13 1890 (PC)

Ramayyar Vs. Vedachalla

Court : Chennai

Reported in : (1891)ILR14Mad441

..... . mukkee gopalier 7 m.h.c.r., 312, which is a full bench decision, the learned judges discussed at length the relation of act viii of 1865 to the prior state of law on the subject, and all the judges agreed in the opinion that act viii of 1865 created only an alternative remedy and did not oust the regular jurisdiction of the ..... a prosecution in the court for refusal to deliver a patta. regulation xxviii of 1802 dealt with recovery of arrears of rent by summary process, and powers of summary inquiry and by regular suit were vested in the zillah courts. regulation v of 1822 enabled collectors for the first time to take primary cognizance of summary suits cognizable by zillah ..... the specific relief provided for by the sections just mentioned was intended to be sought only in the court of the collector. in view of the peculiar nature of the inquiry mahasingavastha ayyar v. gopala ayyan 6 m.h.c.r. 239, which may include the question what, under the circumstances of the case, is a fair and just .....

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