Court : Kolkata
Decided on : Jul-16-1876
Reported in : (1876)ILR1Cal432
Markby, J.1. This, it will be observed, is not an application in the form required by Act VI of 1874, and it has been stated that the petition was so drawn expressly in order to raise the question whether the provisions of that Act were binding.2. I may say at once that no case for granting special leave to appeal has been made out.3. An attempt was also made to obtain, upon this petition, a certificate under Act VI of 1874, that a substantial question of law was involved in the case; and I was asked to grant this certificate, should I think that Act to be binding. But it was subsequently admitted that upon this petition, this alternative course could not be pursued.4. The question therefore which remains is, whether the petitioners in spite of Act VI of 1874 have a right of appeal, simply upon the ground that the property is above the value of Rs. 10,000. There is no doubt that the petitioners would have had that right prior to the passing of Act VI of 1874, and the petitioners conten...
Tag this Judgment!