1. This appeal by certificate is against the judgment and order dated August 11, 1965 of the High Court of Calcutta.
2. This appeal turns on the validity of a notice under Section 57 of the West Bengal Estates Acquisition Act, 1954, referred to as the Act. There is at the top of the notice in writing -"Case No. 124 under Section 151, Civil Procedure Code".
3. It is obvious that reference to Section 151, Civil Procedure Code cannot be a source of power as far as notice under Section 57 of the Act is concerned. Section 151 of the Code of Civil Procedure does not confer any additional jurisdiction on the Court. In so far as the Courts of Record and Civil Courts are concerned, they have their inherent power which is recognized by Section 151.
4. The parties accept that this notice be treated as notice under Section 57 of the West Bengal Estates Acquisition Act, 1954 and it will be valid for the purposes mentioned under the said Section 57 of the Act.
5. It is made clear that whatever power the authorities have under the Act, they will be at liberty to call in aid only those powers for the purposes mentioned in the Act.
6. The High Court order is set aside and is modified to the extent indicated above and the appeal is disposed of.
7. Parties will pay and bear their own costs throughout.
State Of West Bengal And Others v. Indira Debi And Another
State Of West Bengal And Others v. Indira Debi And Another
(Supreme Court Of India)
Civil Appeal No. 1849 of 1968 | 08-11-1976
Advocate List
Bench
- HON'BLE JUSTICE A. N. RAY (CJI)
- HON'BLE JUSTICE M.H. BEG
Eq Citations
- (1977) 3 SCC 559
- LQ/SC/1976/431
Head Note
Civil Procedure Code, 1908 — Or. 32 R. 1 — Validity of notice under S. 57, West Bengal Estates Acquisition Act, 1954 — Notice at the top of the notice in writing quotCase No 124 under S. 151 CPCquot — Held, reference to S. 151 CPC cannot be a source of power as far as notice under S. 57 of the Act is concerned — S. 151 CPC does not confer any additional jurisdiction on the Court — In so far as the Courts of Record and Civil Courts are concerned they have their inherent power which is recognized by S. 151 — The parties accept that this notice be treated as notice under S. 57 of the Act and it will be valid for the purposes mentioned under the said S. 57 of the Act — It is made clear that whatever power the authorities have under the Act they will be at liberty to call in aid only those powers for the purposes mentioned in the Act — High Court order set aside and modified to the extent indicated above — West Bengal Estates Acquisition Act, 1954 (2 of 1954), S. 57
