1974 (8) TMI 106

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Bupinder Singh, J.D. Jain,R. C. Kohli and S.C. Patel For The Respondent : Hardyal Hardy, 0. P. Sharma, S.K. Mehta, K.R. Nagaraja, M.Quamaruddin and Vinod Dhawan JUDGMENT : MATHEW, J.-In these appeals, a common question of law arises for consideration and this judgment will dispose of all the appeals. We will take up for consideration Civil Appeal No. 941 (N) of 1973. The appellant challenges....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al and dismissed the suit holding that the provision of s. 3 of the above Act should govern the decision. The plaintiff appellant then applied for leave to file Letters Patent Appeal. That was dismissed. Section 3 of the Punjab Pre-emption (Repeal) Act, 1973, provides: "Bar to pass decree in suit for pre-emption--On and from the date of commencement of the Punjab Pre-emption (Repeal) Act, 1....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ple of legislation in British India at least from 1861 that a court of appeal shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the Civil Procedure Code on courts of original jurisdiction, that even before the enactment of that Code, the position was explained by Bhashyam Iyengar J. in Kristnama Chariviar v. Mangammal(2) in language wh....