THE CENTRAL TALKIES LTD., KANPUR versus DWARKA PRASAD
The Additional District Magistrate, empowered by Government notification under s. 10(2) of the Code of Criminal Procedure, had all the powers of a District Magistrate under the Eviction Act and was competent to grant permission for suit; District Magistrate under section 3 of the Eviction Act is not a persona designata.
- Parties
- Appellant: Central Talkies Ltd., Kanpur; Respondent: Dwarka Prasad
- Jurisdiction
- India
- Judgment Date
- 16 January 1961
- Procedural Posture
- Civil Appeal / Appeal Against Judgment and Decree of Allahabad High Court, With Certificate Under Art. 133(1)(b) of the Constitution
- Outcome
- appeal dismissed
- Legal Topics
- Ejectment, Persona Designata, Jurisdiction of Additional District Magistrate
Case Brief
Summary, issues, holding and outcome
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Parties
Central Talkies Ltd., Kanpur
Appellant
Dwarka Prasad
Respondent
Procedural Posture
Civil Appeal / Appeal Against Judgment and Decree of Allahabad High Court, With Certificate Under Art. 133(1)(b) of the Constitution
Legal Issues
- 1 Whether permission granted by the Additional District Magistrate under the U.P. (Temporary) Control of Rent and Eviction Act, 1947, is valid
- 2 Whether the District Magistrate in section 3 of the Act is a persona designata
Ratio Decidendi
The Additional District Magistrate, empowered by Government notification under s. 10(2) of the Code of Criminal Procedure, had all the powers of a District Magistrate under the Eviction Act and was competent to grant permission for suit; District Magistrate under section 3 of the Eviction Act is not a persona designata.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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