Bamasoonderee Dossee vs W. Verner - 1874 Supreme(Cal) 24

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1874 Supreme(Cal) 24

Bamasoonderee Dossee – Appellant
Versus
W. Verner – Respondent

JUDGMENT

Sir R. Couch, Kt., C.J. - This was an appeal from the award of Mr. Beaufort, the Judge appointed by the Government of Bengal under the Land Acquisition Act, 1870, for the town of Calcutta, and the question to be first determined is whether the appeal lies to this Court. The Act says in s. 3 that "the expression 'Court,'" which is found in a subsequent section where the Collector is directed to refer the matter to the Court, "means, in the Regulation Provinces, British Burmah, and Sindh, a principal Civil Court of original jurisdiction." In these the town of Calcutta must be included; otherwise there would be no provision in the Act for any reference in cases within Calcutta. The principal Court of original jurisdiction here is the High Court, and, if there were no other provision in the Act, it would have seemed that the compensation would have to be awarded by this Court. But the Act says that the expression "Court" means a principal Civil Court of original jurisdiction, "unless when the local Government has appointed (as it is hereby empowered to do), either specially for any case, or generally within any specified local limits, a judicial officer to perform the functions

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