The Weekly Reporter; Appellate High Court Volume 10
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...Lower Court from doing that which it has no jurisdiction to do. The attachment and sale was not in the exercise of a power which belonged to the Collector, but in the exercise of a power which was not at all within his jurisdiction. The Revenue Courts have merely a limited jurisdiction conferred upon them by Act X. of 1859, and this Court, under its general power of control, has the right to prevent them exceeding that jurisdiction. The Full Bench case, which was cited from 7 Weekly Reporter, 1 page 520, was a case in which the High Court ordered a Revenue Court to exercise i a jurisdiction which belonged to it, and which that Court had refused to exercise. The present is a converse case, in which the High Court is asked to prevent the Revenue Court from exercising a power which is not within its jurisdiction. The property has been attached by the Collector of the 24-Pergunnahs under an order from the Deputy Collector of Busseerhaut in that zillah. A decree had been obtained by the plaintiff against the defendant in the Court of the Deputy Collector of Busseerhaut for arrears of rent payable in respect of a saleable under-tenure, and in execution of that decree the Deputy Collector requested the Collector of the 24-Pergunnahs to sell any moveable property belonging to the plaintiff. The decree itself, 1 as I understand, was not sent by the Deputy Collector to the Collector to be executed, but there was a mere request from the Deputy Collector to the Collector to execute the decree by seizing the moveable property. If the Collector acquijed jurisdiction in consequence of that request, iwas merely a jurisdiction to attach moveable property, and not to attach and sell immoveable property. But, independently of that, 1 am of opinion that the decree...
- Paperback | 586 pages
- 189 x 246 x 30mm | 1,034g
- 27 Jun 2012
- Miami Fl, United States
- Illustrations, black and white