HIGH COURT OF CALCUTTA
R. P. MOOKERJEE, J.
Harendra Nath
Versus
Dakhyamoni Dassi
Civil Rule No. 829 of 1949
Decided On : 30-11-1949
review - Bengal Agricultural Debtors Act - S. 44, S. 40A - The court discussed the interpretation of the terms 'decision' and 'order' in S. 44 and the significance of the word 'award' in S. 40A. It emphasized that the technical language of the legislation should be construed in its ordinary meaning and that the right of the Board to review its own decision ultimately culminating in the award cannot be taken away. The court also clarified the jurisdiction of the Board to entertain applications for review and the requirement of permission from the Collector.
Fact of the Case:
An award was made by Fatepur Debt Settlement Board, and a subsequent application for review was filed by the debtor. The Board dismissed the review application due to inordinate delay, but the decision was set aside on appeal, directing the Debt Conciliation Officer to deal with the application according to law and on the merits.
Finding of the Court:
The court held that the Board had the jurisdiction to review its own decision ultimately culminating in the award and clarified the requirement of permission from the Collector for review applications.
Issues: Interpretation of the terms 'decision' and 'order' in S. 44, significance of the word 'award' in S. 40A, and the jurisdiction of the Board to entertain review applications.
Ratio Decidendi: The technical language of the legislation should be construed in its ordinary meaning, and the right of the Board to review its own decision ultimately culminating in the award cannot be taken away. The court clarified the jurisdiction of the Board to entertain applications for review and the requirement of permission from the Collector.
Final Decision: The decision by the Additional District Judge was affirmed, and the Rule was discharged with no order for costs.
2. On an appeal being taken to the Appellate Officer, the order was set aside directing the Debt Conciliation Officer concerned to deal with the application according to law and on the merits. This order was affirmed by the District Judge under S. 40A, Bengal Agricultural Debtors Act.
3. On behalf of the creditor, it is contended that it is not competent for the Board to entertain the application for review after an award has been signed. Section 44 of the Act is in the following terms :
"Subject to any rates made under this Act - (a) a Board may, on an application made by any person interested, or of its own motion review any decision or order passed by it and pass such order in reference thereto as it thinks fit."
Clause (b) authorises the Appellate Officer in similar terms. There is a proviso that no order shall be varied or reversed unless an opportunity has been given to a person interested to appear and be heard in support of such order.
4. It is contended on behalf of the petitioner that the expression decision or order used in cls. (a) and (b) of S. 44 does not include an award.
Reference is, in this connection, made to the provisions contained in S. 40 of the Act where while dealing with the right of appeal in addition to the reference made to a decision or order of a Board, an award is referred to in the next clause. It is urged that had the expression decision or order the general significant, there would not have been any necessity of making separate reference to the word award.
5. Before I refer to the effect of the use of the relevant words in S. 40 we have, in the first instance, to consider the effect of the words as appearing in S. 44. The elementary rule of construction is that it is to be assumed that the words and phrases of a technical legislation are used in their ordinary meaning Corporation of the City of Victoria v. Bishop of Vancouver Island, (1921) 2 AC 384 : (AIR (8) 1921 PC 240). If there is nothing appearing in the section itself either to modify or to alter or if there be nothing to qualify the language which the statute contains, it is to be construed in the ordinary and natural meaning of the words and sentences. (Vestry of St. John Hampstead v. Cotton, (1886) 12 AC 1, 6.) If the language is not only plain, but admits of only one meaning, it has repeatedly been held that the task of interpretation can hardly be said to arise. It is not allowable to interpret what has no need of interpretation.
6. The words order and decision are quite clear and make no differentiation between certain classes of orders and others. Looking at it from the practical point of view, there must be certain orders or decision by the Board before an award can b
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