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Showing contexts for: function of functionary in H. C. D. Mathur, Secy. Of The National ... vs E.I. Rly. Administration Through Its ... on 18 August, 1949Matching Fragments
25. Finally we have a very recent decision of a Full Bench of the Lahore High Court reported in Sultan Ali v. Nur Hussain, A. I. E. (36) 1949 Lah. 131: (50 Cr. L. J. 698 F. B.). In that case the question involved was whether election petition Commissioners constituted a Court subordinate to the High Court. In discussing the principles involved Munir Ag. C. J., with whom Khurshid Zaman J., concurred says, at p. 161 :
"I cannot accept the broad and unqualified proposition that once it is held that an officer, authority or functionary is exercising the functions of a Court in relation to rights that may be called 'civil' that officer, authority or functionary must be held to be subordinate to High Court. The result of any such finding would be that all Courts which adjudicate upon the civil rights of subjects whether in cases between the subjects themselves or between the State and the subject will be subordinate to the High Court and this will bring within the sphere of subordination not only the revenue Courts which admittedly decide civil disputes between the parties, but also the income-tax authorities which determine the subjects' liability to the State. One clear indication of subordination has always been held to be that the Court whose subordination is in question is subject to the appellate jurisdiction of the High Court. A Court may also be subordinate to the High Court even qua matters which are not subject to the High Court's appellate power if those matters have been entrusted for adjudication to an admittedly subordinate Court as a Court and not to the presiding officer of such Court as persona designata."