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1949 Supreme(Nagpur) 108

HIDAYATULLAH, R.KAUSHALENDRA RAO
SAWATRAM RAMPRASAD MILLS CO LTD – Appellant
Versus
VISHNU PANDURANG HINGNEKAR – Respondent


Advocates Appeared:
G R Mudholkar, N A Athaley, P K Tare, Advocates

JUDGMENT

1. This order will govern civil Revisions Nos. 69 and 97 of 1947. These cases involve the question whether a revision under Section 115, Code of Civil Procedure, lies to the High Court against an order of the authority appointed by the Provincial Government under Section 15, Payment of Wages Act, or in other words, whether the authority can be said to be a 'Court' which is 'subordinate to the High Court.' In Turabali v. Sorabji, 1944 AIR(Nag) 288, Bose J, (now C.J.) held that the authority is a 'Court' but not a 'Court subordinate to the High Court,' while in Shrinivas v. Superintendent, Government Printing Press Nagpur, 1945 AIR(Nag) 94, Bobde J., expressed a contrary opinion. In view of this conflict these Cases have been referred to a Division Bench on a reference made by Padhye J.

2. This question has also been considered in other High Courts but the decisions are not uniform. It is not necessary at this stage to refer to these cases or the reasons on which they are based, Broadly Speaking, the opinion of Bose J., has found favour with the Bombay and the Allahabad High Courts and that of Bobde J. in Lahore and Patna. We shall recur to these ruling later. The question fal


























































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