TaxTMI 
TaxTMI 
1960 (3) TMI 73
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....ri in the Taluk of Gadag. They form part of a Watan and, according to the revenue records, they have been assigned as remuneration to the officiator for the time being under s. 23 of the Act. The petitioner has obtained a certificate prescribed under s. 10, and he contends that as a result of the said certificate this Court should cancel the decree as claimed by him in the petition. 2. It appears that the respondent had filed a suit against the petitioner in the Court of the First Class Sub Judge at Dharwar (Civil Suit No. 18 of 1934) and in the said suit he had claimed partition and possession of the properties as an adopted son of Shiddangouda. These properties were and are in the possession of the petitioner. The trial court passed a ....
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....ner relied upon the provisions of the Act contained in Sections 7, 10, 11, 13, 24, 25 and 36. 4. Pending the execution proceedings the petitioner applied for the grant of the prescribed certificate under s. 10 of the Act, and a certificate was accordingly issued by the Collector addressed to the Civil Judge, Senior Division, Dharwar. Thereupon the said court acted upon the certificate and cancelled the execution process which had been issued against the Patilki - assigned property of Kirtgeri. The respondent challenged the said order before the Bombay High Court and his challenge was upheld by the said High Court. The High Court followed its own earlier Full Bench decision in Rachapa v. Amingouda (1881) 5 Bom. 283 and held that the certi....
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....ies at Kirtgeri. 6. On behalf of the respondent it has been urged before us that the decision of the Bombay High Court operates as res judicata and so, in view of the said decision, the present certificate also should be held to be invalid. The argument is that the effect of the decision of the Bombay High Court is that the certificate should have been addressed to the Privy Council, and since it is addressed to this Court it is invalid. We are not impressed by this argument. What the Bombay High Court has held is that the certificate must be issued to the court which passed the decree, and if in law this Court can be said to be in effect and in substance the Court that passed the decree, then the certificate must be held to be perfectly....
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....s given jurisdiction to entertain and dispose of not only Indian appeals but also petitions, and that would naturally include a petition like the present with which we are dealing. Section 8 dealt with the effect of the orders of His Majesty in Council; it provided that any order made by His Majesty in Council on an Indian appeal or petition, whether before or after the appointed day shall, for all purposes, have the effect not only as an order of His Majesty in Council but also as if it were an order or decree made by the Federal Court in exercise of the jurisdiction conferred by this Act. This then was the position with regard to the jurisdiction and powers of the Federal Court vis-a-vis the appeals and petitions pending before the Privy ....
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.... commencement of this Constitution under any existing law. We have already noticed that the Federal Court had jurisdiction to deal with a petition like the present before the commencement of the Constitution; that jurisdiction can now be exercised by this Court as a result of Art. 135. The position, therefore, is that the petition which could have been presented to the Privy Council if the jurisdiction of the Privy Council had not been abolished could have been presented before the Federal Court before the commencement of the Constitution and can be presented to this Court after the commencement of the Constitution. We, therefore, feel no doubt that as a result of the relevant statutory provisions to which we have referred the certificate i....