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PETITIONER: HANSKUMAR KISHANCHAND
Vs.
RESPONDENT: THE UNION OF INDIA(and connected appeal)
DATE OF JUDGMENT: 22/08/1958
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1958 AIR 947 1959 SCR 1177
ACT: Appeal to Supreme Court- Maintainability-Decision of High Court in appeal from an award-If and when a judgment, decree or order-Test-Defence of India Act, 1939 (No. XXXV of 1939), ss. 19(1)(b), 19(1)(f)-Code of Civil Procedure (Act V of 1908), ss. 109, 110.
HEADNOTE: These two appeals were preferred against the decision of the Nagpur High Court in an appeal under’s. 19(1)(f) of the Defence of India Act, 1939, modifying an award of compensation made 1178 under s. 19(i)(b) of that Act in respect of certain premises requisitioned by the Government under 75(A) of the Rules framed under the Act. Both the parties applied for and obtained leave to appeal to the Federal Court under ss. 109 and 110 of the Code of Civil Procedure. A preliminary objection was taken on behalf of the Government that the decision of the High Court was an award and not a judgment, decree or order within the meaning of ss. 109 and 110 of the Code and as such no appeal lay therefrom : Held, that the objection must prevail and both the appeals stand dismissed. There could be no doubt ...