https://www.taxtmi.com/caselaws?id=291336 Rule 8 framed under Section 28 of the Madras Agriculturists' Relief Act was held to be ultra vires because the rule-making power to carry out the Act and remove difficulties did not include authority to create a new right of appeal; such a right must rest on express legislative provision. An order made under Section 19 was also held not to be appealable under Section 47 CPC because those proceedings were independent proceedings under the special Act and not execution proceedings. The reference was answered accordingly, invalidating the appellate rule and excluding Section 47 jurisdiction. en-us Thu, 05 Dec 1940 00:00:00 +0530 Fri, 06 Nov 2020 12:14:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=291336 Rule 8 framed under Section 28 of the Madras Agriculturists' Relief Act was held to be ultra vires because the rule-making power to carry out the Act and remove difficulties did not include authority to create a new right of appeal; such a right must rest on express legislative provision. An order made under Section 19 was also held not to be appealable under Section 47 CPC because those proceedings were independent proceedings under the special Act and not execution proceedings. The reference was answered accordingly, invalidating the appellate rule and excluding Section 47 jurisdiction. Case-Laws Indian Laws Thu, 05 Dec 1940 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=291336