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SUPREME COURT OF INDIA
A.N.Ray, CJI., A.N.Ray : M.H.Beg, JJ.
State Of West Bengal
Versus
Indira Debi
Case No. : 1849 of 1968
Date of Decision : 11/8/76
Civil Procedure Code, 1860 – Section 151 - West Bengal Estates Acquisition Act, 1954 – Section 57 - Estates Acquisition - This appeal by certificate is against judgment and order of high court - This appeal turns on validity of a notice - There is at top of notice in writing case - It is obvious that reference cannot be a source of power as far as notice does not confer any additional jurisdiction on court – Held, In so far as courts of record and civil courts are concerned they have their inherent power which is recognized - Parties accept that this notice be treated as notice and it will be valid for purposes mentioned - It is made clear that whatever power authorities have under act they will be at liberty to call in aid only those powers for purposes mentioned in act - Appeal is disposed of.
(1) THIS appeal by certificate is against the judgment and order dated 11/08/1965 of the High court of Calcutta.
(2) THIS appeal turns on the validity of a notice under S. 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 S. 151, Civil Procedure Code".
(3) IT is obvious that reference to S. 151, Civil Procedure Code cannot be a source of power as far as notice under S. 57 of the Act is concerned. S. 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 S. 151.
(4) THE parties accept that this notice be treated as notice under S. 57 of the West Bengal Estates Acquisition Act, 1954 and it will be valid for the purposes mentioned under the said S. 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.
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