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    <title>1940 (11) TMI 36 - HIGH COURT OF PATNA</title>
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    <description>An order that conclusively strikes out defendants on a preliminary statutory bar is treated in substance as a decree under the Code of Civil Procedure, so an appeal lies and revision is excluded. The court also held that suits against public servants were barred under Section 270(1) of the Government of India Act, 1935 because the challenged acts were official in character and purportedly done in execution of duty; allegations of bad faith, malice, or conspiracy did not alter that character. Governor&#039;s consent was therefore required, and the suits could not proceed against the protected defendants.</description>
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    <pubDate>Fri, 22 Nov 1940 00:00:00 +0530</pubDate>
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      <title>1940 (11) TMI 36 - HIGH COURT OF PATNA</title>
      <link>https://www.taxtmi.com/caselaws?id=291816</link>
      <description>An order that conclusively strikes out defendants on a preliminary statutory bar is treated in substance as a decree under the Code of Civil Procedure, so an appeal lies and revision is excluded. The court also held that suits against public servants were barred under Section 270(1) of the Government of India Act, 1935 because the challenged acts were official in character and purportedly done in execution of duty; allegations of bad faith, malice, or conspiracy did not alter that character. Governor&#039;s consent was therefore required, and the suits could not proceed against the protected defendants.</description>
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      <pubDate>Fri, 22 Nov 1940 00:00:00 +0530</pubDate>
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