( 1 ) THIS is a civil suit filed by the Union of India owning and representing the central and Western Railway Administrations, New Delhi, against one Shri R. C. Jali, an inhabitant of Indore, and the Amalgamated Coal Fields Limited, a corporation with its head office at Parasia, tahsil and district Chhindwara. The plaint was originally filed at Chhindwara in the Court of Civil Judge, Second Class, empowered under Section 19 of the Central Provinces Courts Act. On an application made to this Court under Article 228 of the Constitution, one of us (Choudhuri J.) withdrew the case for trial in the High Court on the ground that important questions as to the interpretation of the Government of India Act, 1935, and the Constitution were involved. The case was also referred to a Division bench, and it thus comes before us for final disposal. It may be pointed out that neither side led any evidence in the case, and the issues have been argued almost entirely as matters of law.

( 2 ) THE facts as disclosed by the plaintiff are as follows : The plaintiff owns the central Railway as well as the Western Railway Administrations, which were formerly known as the G. I. P. and the B. B. and C. I.

Click Here to Read the rest of this document