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1 - 10 of 10 (0.22 seconds)The Amending Act, 1897
Section 23A in Tamil Nadu District Municipalities Act, 1920 [Entire Act]
Section 81 in Tamil Nadu District Municipalities Act, 1920 [Entire Act]
Section 91 in Tamil Nadu District Municipalities Act, 1920 [Entire Act]
Section 11 in The Suits Valuation Act, 1887 [Entire Act]
Section 14 in The Limitation Act, 1963 [Entire Act]
Article 227 in Constitution of India [Constitution]
Section 9 in Tamil Nadu District Municipalities Act, 1920 [Entire Act]
Kiran Singh And Others vs Chaman Paswan And Others on 14 April, 1954
11. In the light of the circular issued stating that the two amending Acts
have not been notified, it is apparent that the provisions of Section 81(2) and
89 of Amending Acts 65 of 97 and 34 of 98 does not have force in the eye of law.
Therefore, the question will be whether the order passed by the District Court
can be saved even though such proceedings were not supported by the statutory
prescription. The immediate answer to the above issue falls from the decision
of the Honourable Supreme in the case of Kiran Singh and others v. Chaman Paswan
and others reported in AIR 1954 SUPREME COURT 340. In the said decision an
issue arose as to whether an appeal from the decree of subordinate Judge will
lie to the District court or to the High Court based on the valuation in the
plaint, which was subsequently amended. Further question that arose was if as
per the original valuation, the District Court having entertained the appeal and
passed a decree and judgment, if found to be later not competent to hear the
appeal on the ground of lack of jurisdiction, whether the decree and judgment
can be saved or is it a nullity. In paragraph 6 of the above said decision the
Honourable apex Court held as follows:
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