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

1944 Supreme(Mad) 213

LEACH
Anagha Venkata Lakshmi Narasimha Rao – Appellant
Versus
Province of Madras represented by Collector – Respondent


JUDGMENT

Leach, C.J.

1. This appeal raises the question whether the Madras Legislature was acting within its powers when it enacted Section 3, Madras Restoration of Village Officers (Validation) Act (18. of 1939). The Act was passed to restore to village officers or their heirs offices which they had lost by reason of their association or connection with political movements. Section 2 of the Act empowers the Provincial Government to pass orders for restoration in such circumstances. Section 3 states that if the Provincial Government declares that an order passed by it is of the nature referred to in Section 2, the declaration shall be conclusive proof of the fact and all Courts shall take judicial notice of it. It is said that in making this second provision the Legislature exceeded its powers. The appeal arises out of a suit filed by the appellant in the Court of the District Munsif of Narsaraopet for a declaration that his removal from the office of karnam of Thalarlapalli village was unlawful and for a mandatory injunction directing his re-instatement. In 1921 the office was held by one Krishnayya, but he was removed because he had not within, the time allowed to him, passed the



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