1984 (2) TMI 58

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... S.S. SODHI J.-Where jurisdiction of the civil court is specifically barred by statutory provisions, can mere allegations of malafides vest it with the requisite jurisdiction ? This would indeed be a startling proposition to accept, but as it happens the impugned order here of Shri A.S. Garg, Additional District Judge, Chandigarh, is founded upon precisely such premises. Shri Kashmir Singh Bhul....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....elf, the objection regarding the jurisdiction of the civil court was overruled, it being observed " when serious malafides levelled against defendant No. 2 who has not till today cared to transfer the case from his file to some other file, on the face of it, looks malafide. Otherwise a person cannot be a judge in his own cause. Once a serious allegation is levelled against an Officer personally an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on was declined by Shri A.S. Garg by his order of July 26, 1982, holding that the Income-tax Authorities were competent to proceed in the matter according to law. In this background it becomes all the more curious how the, order now under challenge came to be passed. Legal issues apart, it has now been pointed out by Mr. Ashok Bhan, counsel for the Union of India, that the matter of Shri Kashmi....