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1961 Supreme(All) 201

B.MUKERJI, S.C.MANCHANDA
GHULAM HAQQANI KHAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
G.N.KUNZRU, N.D.OJHA, S.C.KHARE

MUKERJI, J.

( 1 ) I have had the advantage of reading my brothers opinion and I may, with respect, say that I am in general agreement with his opinion. I agree that this appeal must fail and that the parties should bear their own costs of the appeal.

( 2 ) SINCE the appeal raised some interesting questions for determination I thought it desirable to, very briefly, indicate my own views on some of the questions falling for determination.

( 3 ) THE facts and the important controversies arising on those facts have been fully set out in my learned, brothers judgment and hence I content myself with dealing specifically with only two questions; first, whether the Board of High School and Intermediate Education which was established by the Intermediate Education, Act, 1921 (U. P. Act II of 1921) was a corporate body with all the privileges and liabilities of such a body, or whether the Board of High. School and intermediate Education was merely a statutory body with no different existence from being a department of Government; and secondly, whether the appellant, even if he could be treated as an employee of a body which had been created under a statute necessarily, lost the character of



















































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