High CourtsDivision Bench(1944) 11 MAD CK 0022

Duvvuru Lakshminarasamma and Others vs Mandala Swami and Others

Madras High Court · Decided on 14 November 1944 · Citation: AIR 1945 Mad 156 : (1945) ILR (Mad) 623 : (1945) 58 LW 87 : (1945) 1 MLJ 37

HON’BLE JUDGES
Alfred Henry Lionel Leach, C.J

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Judgment

8 paragraphs · 169 words

Alfred Henry Lionel Leach, C.J.—This is an appeal against an order of Shahabuddin, J., refusing to grant a certificate u/s 205 of the

Government of India Act. The appellants desired to appeal to the Federal Court against an order passed by the learned Judge on the revision

petition. The learned Judge held that no question of interpretation of the Government of India Act or any Order in Council made there under arose

at the trial and consequently he refused to grant a certificate.

2.

this Court has no power to interfere. The section says that an appeal shall lie to the Federal Court from a judgment, decree or final order of a

High Court in British India, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Act or an

Order in Council made thereunder. The order of Shahabuddin, J., was the order of the High Court and he alone could grant the certificate.

3.

The appeal is dismissed.