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1946 Supreme(All) 74

MULLA
Ram Ratan Gupta – Appellant
Versus
P. H. F. DODD Esqr. A. D. M. – Respondent


Advocates appeared:
Walter Dutt, P.N. Haskar, S.N. Seth, M.L. Chaturvedi and P.N. Shukla, For the Appellant / P.C. Chaturvedi and Deputy Govt., For the Respondent

JUDGMENT

Mulla, J. - These are two connected applications in revision which raise the same question of law for consideration. The applications are directed, in each case, against an order passed by an Additional Magistrate purporting to act under the House Rent Control Order. It appears that rents of same tenements were fixed by the Area Rationing Officer, but subsequently orders ware passed by the Additional District Magistrate modifying those orders. The application being aggrieved by the orders, passed by the Additional District Magistrate have come up in revision to this Court.

2. On behalf of the crown a preliminary objection has been raised to the effect that no revision lies to this Court against the orders in question. Having heard learned Counsel for the applicants I find that this objection is sound and must prevail. The Additional District Magistrate has purported to act, in each case, under the House Rent Control and Eviction order. It appears that u/s 2 of the Defence of India Act the power to frame certain rules and orders has been conferred in the first place on the Central Government. The Central Government, can, however, delegate that power to the Provincial Governme

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