Judgement

Consolidated Appeal and Cross-Appeal (No. 33 of 1930) from a decree or order of the High Court (January 21, 1929), enhancing the amount of an award in favour of the above named Society under the Calcutta Improvement Act (Ben. V. of 1911) in respect of land acquired under that Act.

00 Law Rep. 58 Ind. App. 259 ( 1930- 1931) Secretary of State v. Hindusthan C o-Op. Ins. Society, Ltd.

101

The appeal to the High Court, which is reported at I. L. R. 56 C. 989, was by the Co-operative Society under the Calcutta Improvement (Appeals) Act (XVIII of 1911).

Upon an application by the Secretary of State the High Court, on July 2, 1929, granted a certificate that the case was a fit one for appeal to the Privy Council, rejecting the contention of the Co-operative Society that no appeal lay.

The learned judges who heard the application (Rankin C.J. and Panckridge J.) followed a decision of Sanderson C.J. and Walmsley J. on May 29, 1925, upon a similar application in Secretary of State for India in Council v. Tarak Chandra Sadhukan. The Court subsequently granted a certificate as to the cross-appeal, the Co-operative Society reserving its right to contend that the appeals were not compe