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1956 Supreme(Pat) 157

RAJ KISHORE PRASAD, CHOUDHARY, V.RAMASWAMI
Collector Of Monghyr – Appellant
Versus
Maharaja Pratap Singh Bahadur – Respondent


Judgment

Ramaswami, J.

1. In Supreme Court Appeals Nos. 52 to 61 of 1956 the petitioners have applied for leave to appeal to the Supreme Court against the judgment of the High Court in Miscellaneous Judicial Case Nos, 349 to 358 of 1955, dated 14-3-1956. In Supreme Court Appeals Nos. 73 to 77 of 1956 the petitioners pray for the grant of certificate to appeal to the Supreme Court against the judgment of the High Court in Miscellaneous Judicial Case Nos. 141, 142, 271, 272 and 273 of 1955, dated 20-4-1956. In Supreme Court Appeal No. 103 of 1956 the petitioners have applied for the leave to appeal to the Supreme Court against the Judgment of the High Court in Miscellaneous Judicial Case No. 256 of 1955, dated 12-7-1956.

2. The question of law involved in these cases was one relating to the proper interpretation of Sec. 5A, Bihar Private Irrigation Works Act (Bihar and Orrisa Act V of 1922). The learned Judges of the Division Bench granted a writ of certiorari against the petitioner, relying upon a previous decision, Shah Qasim Ghani V/s. Kirti Prasad1 Sinha, 1956 Pat LR 63 (A). The contention of the learned Advocate General is that the view taken by the learned Judges is not correct










































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