WALI ULLAH, RAGHUBAR DAYAL, MUSHTAQ AHMAD
Satdeo Pandey – Appellant
Versus
Baba Raghav Das – Respondent
DAYAL, J. :- A preliminary objection was taken at the hearing of this petition to the effect that This Court had no jurisdiction to take proceedings for contempt of the Court of the Assistant Collector, first class, with respect to proceedings pending before it for the correction of papers under S.40, Land Revenue Act (Act 3 of 1901).
2. Section 2, sub-s.(1), Contempt of Courts Act (12 of 1926) is :
"Subject to the provisions of sub-s.(3) the High Courts of Judicature established by Letters Patent shall have and exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice, in respect of contempt of Courts subordinate to them as they have and exercise in respect of contempts of themselves."
The contention for the opposite party is that the Court of an Assistant Collector, first class, under the Land Revenue Act is not subordinate to the High Court and that, therefore, this Court cannot take action with respect to contempts committed of that Court.
3. It is submitted for the petitioner that the Court of the Assistant Collector, first class, under the Land Revenue Act, is subordinate to this Court on account of this Court having appell
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