Court : Chennai
Decided on : Jul-15-1903
Reported in : (1903)13MLJ362
ORDER1. In my opinion the respondent in a Letters Patent Appeal preferred against the decision of a single judge of this Court in a mofussil case cannot apply for security being demanded from the appellant for costs. Section 540 of the Civil Procedure Code applies only to appeals preferred to the High Court from Subordinate Courts subject to its appellate jurisdiction Sabapathi Chetti v. Narayanasami Chetti I.L.R. 25 M. 555 and not to appeals preferred to the High Court under Section 15 of the Letters Patent from the judgment of one of its fudges. Assuming that it would be competent to the High Court to pass such a rule, no rule has been made under Section 652 of the Code of Civil Procedure authorizing the making of such an application. It is also conceded that no such rule was in force in the old Sudder Court, and that being so, Section 9 of the Charter Act cannot be relied upon in support of this application. I am unable to accede to the argument that Section 467 of the Civil Procedu...
Tag this Judgment!Court : Chennai
Decided on : Dec-02-1903
Reported in : (1904)14MLJ37
S. Subrahmania Aiyar, Officiating C.J.1.The question raised in this case is indeed a very important one, though the amount in dispute is but a trifle--four annas and one pie--being the amount collected by Government from the appellant in connection with his having erected a platform and a shed over a portion of a path, by the side of which his house is situated in a village in the Kistna District. The effect of the findings by the Lower Court, I take to be that the owners of |the houses adjoining the path inclusive of the appellant, have only a right of way over it, the free-hold in the soil being vested in the Government.2. The point for determination is, whether the levy of the amount in question as land-revenue payable in respect of the site of the platform and the shed, is lawful. A levy of the kind under consideration is known in the language of Revenue Standing Orders as a ' prohibitory assessment.' That the practice of making such collections has been allowed to prevail so long ...
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