1930 (9) TMI 18

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....ng an order was passed by the Commissioners to the effect that no complaint by them was necessary and that the case could proceed without it. 2. Rai Bahadur Jwala Parshad urged that a complaint was necessary but that whether it was necessary or not it should anyhow be made as it could in no way injure or invalidate the proceedings, and it would be a wise precaution if there was any doubt in the matter. I do not quite understand the reasoning of the Commissioners as to why they did not adopt this course and save themselves and others much trouble, expense and delay. Anyhow a complaint was instituted by Mr. Nicholson, Superintending Engineer, and Mr. M.M. Khan then adopted the obvious tactics of instructing another counsel to object that the....

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.... of the Commissioners, and more especially on the last, In re Nataraja Aiyar [1913] 36 Mad. 72. So far as the earlier rulings are concerned, they nowhere lay down that the test applied of the power of the Court to dispose of the case is exhaustive and conclusive. In re Maharaja Madhava Singh [1905] 32 Cal. 1, a finding in the alternative is given. In In re Nataraja Aiyar [1913] 36 Mad. 72, it is certainly stated that two tests must be applied before it can be held that any particular officer is a Court, and they are the authority to take evidence and the authority to deal out justice, which can only mean to give a final decision. 6. Mr. Saleem has pointed out that for the purposes of the case before the Judges in In re Nataraja Aiyar [1913....