SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1960 Supreme(Cal) 141

B.K.GUHA, P.N.MUKHERJEE, B.N.BANERJEE
SISIR KUMAR DUTTA – Appellant
Versus
SUSIL KUMAR DUTTA – Respondent


Advocates Appeared:
ALAK GUPTA, AMICUS CURIAE

BANERJEE, J.

( 1 ) THIS is a reference to a Special Division Bench, under the second proviso to Rule 1 Ch. II of the High Court Appellate Side Rules. The particular question of law referred for determination by the Special Bench is:"what is the proper valuation of a suit for ejectment of a licensee upon revocation or termination of his licence for purposes of (1) Court-fees and (2) jurisdiction? Is there any difference in the matter between a case of revocation of licence and a case of termination as distinguished from revocation of licence?"

( 2 ) FACTS, in so far as they are material for determination of this reference, lie within a short compass and are hereinbelow stated.

( 3 ) THE plaintiffs, who are the petitioners, filed a suit for eviction of the defendant opposite party, whom they described as a licensee, on the ground that the licence in favour of the defendant had been revoked. There were also certain other reliefs claimed by the plaintiffs, for example, mesne profits, but with those other reliefs I am not concerned at this stage. The relief, in so far as ejectment was concerned, was valued at Rs. 100/-, which according to the plaintiffs was the value of the said relie






















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top