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1957 Supreme(SC) 11

P.N.BHAGWATI, T.L.VENKATARAMA AYYAR, S.K.DAS, G.K.MITTER, B.P.SINHA, S.R.DASS
State of Assam – Appellant
Versus
Sristikar Dowerah – Respondent


Judgment

( 1 ) DAS, C. J.- This judgment will dispose of the above noted 18 several Civil Appeals filed in this Court on certificates of fitness granted by the High Court of Assam under Art. 132 of the Constitution of India. The appeals Nos. 346, 347, 343, 349 and 359 are directed against the judgment of the said High Court passed on 23/05/1956, in Civil Rules Nos. 26,31,32 and 33 of 1956 issued by the said High Court on several petitions filed under Art 226 of the Constitution. The rest of the appeals arise out of nine other Civil Rules issued in nine other similar writ applications, which were disposed of by the judgment pronounced by the said High Court on 1 2/06/1956, which simply followed its previous judgment dated 23/05/1956. Each of these appeals raises the question of the vires of S. 3 (3) of the Assam Revenue Tribunal (Transfer of Powers) Act, 1948 (Assam Act No. 4 of 1948) which is hereinafter referred to as the 1948 Act and of the validity of the Notification No. Rex. 184/52/39 issued by the Governor of Assam on 5/07/1955, in exercise of powers conferred on him by sub.-s (3) of S. 3 of the said Act appointing the Commissioner of Hills Division and Appeals as the appellat


















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