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Documents citing Sailaja Kanta Mitra And Ors. vs State Of West Bengal on 29 June, 1970

Bashir Khan vs Ranger, Social Vaniki And Ors. on 15 July, 1994

Sailaja Kanta Mitra v. State of West Bengal AIR 1971 Cal 137 pertained to the question if an arbitrator appointed under the provisions of Defence of India Act (1939) was a tribunal and it was held that Arbitrator was a Court of civil jurisdiction for purposes of Sections 141 and 115 of the CPC. The Hon'ble Members of the Division Bench deciding the said case were much impressed by the fact that a right of appeal had been created by the statute against the decision of the tribunal to the High Court and on basis of such a fact their Lordships expressed the view that the Arbitrator was a Court of original civil jurisdiction and a court subordinate to the High Court within Section 115 of the CPC. The distinction between a tribunal and an ordinary civil court in the established heirarchy of Civil Courts was not kept in view. AIR 1985 Kant.
Rajasthan High Court - Jaipur Cites 28 - Cited by 5 - Full Document

N.P. Balakrishnan vs P.M.R. Mariyumma on 17 December, 1996

In Sailaja Kanta Mitra v. State of West Bengal, AIR 1971 Calcutta 137, it was held that an arbitrator for settling compensation payable under Section 19 of the Defence of India Act is not a Civil Court even though he is deemed to be a Court and the decree passed by him is enforceable in the same manner as a decree of the Civil Court. So the question to be considered is that whether Rent Control Court is a Civil Court subordinate to the High Court covered by Section 115 of the Code of Civil Procedure Admittedly all provisions of the Code of Civil Procedure are not applicable to the Rent Control Court.
Kerala High Court Cites 51 - Cited by 5 - J B Koshy - Full Document

State Of Assam vs Pranesh Debnath And Ors. on 11 October, 1991

19. This aspect regarding subordination of one court to another was elaborately discussed by the Calcutta High Court in Sailaja Kanta v. State of West Bengal AIR 1971 Cal 137. In this case also referring to Section 3 of the Civil Procedure Code it was contended that a court not falling within the courts referred to in the said section would not be 'a court subordinate to the High Court'.
Gauhati High Court Cites 45 - Cited by 19 - Full Document

Nathuram Weljibhai Vyas vs Laxmibai Lunkaranji Chandak on 31 August, 1979

8. Mr. Madkholkar argued that a Rent Controller is only a Tribunal and not a "court". For this purpose Mr. Madkholkar drew assistance from certain reported decisionst viz., Mathura Prosad Rajgharia v.Kanailal Mulick. , Firm of S. Mohd. Ali and Sons v. Madhavarao, , Bijai Narain Singh v. State of U.P. [FB] and Sailaja Kanta Mitra v. State of West Bengal, . Therefore, it was urged, the provisions of the CPC do not apply to enquiries by the Controller under the Rent control Order. In consequence, it was urged, the Controller, acting under the provisions of the Rent Control Order, had no power to issue a summons to any person, either to appear before him as a witness, or to produce any document. Therefore, in this particular case, the action of the Rent Controller, Wardha, in issuing a summons to the ITO, requiring him to appear before him as a witness, and produce the returns submitted by the petitioner, was without jurisdiction, requiring this court to quash the same.
Bombay High Court Cites 29 - Cited by 2 - Full Document

Manohar Lal vs Vinesh Anand & Ors on 9 April, 2001

Needless to record here that on a proper appreciation of judgment in Baliram (supra), there cannot be two opinions as the scope and effect of Section 195 (3) of Code and we thus record our concurrence with the view expressed by this Court in Baliram: The law thus laid down by the Bench decision of the Calcutta High Court in Sailaja Kanta (supra) cannot be said to be good law and thus stands over-ruled even on the basis of the state of law under the 1940 Act (being a repealed statute presently).
Supreme Court of India Cites 37 - Cited by 61 - Full Document
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