1942 (10) TMI 8 - Other - Indian Laws

Summary

Issues:
1. Jurisdiction of the Federal Court to entertain an application to vary a decree of the Judicial Commissioner's Court.
2. Complaints regarding the amount awarded for arrears of pay and directions on costs and payment of court fee.

Analysis:

1. The Federal Court, in this case, was approached with an application under Order 43 of the Federal Court Rules to vary the decree of the Judicial Commissioner's Court. The petitioner sought this variation using the inherent powers of the Court. However, the Federal Court held that it lacked jurisdiction to entertain such an application. The Court clarified that its inherent powers can only be exercised when there is a valid appeal properly instituted before it. Since the original appeal under Section 205 had been disposed of, the Court found no basis to entertain the application to vary the decree of the Judicial Commissioner's Court. The Court emphasized that any complaint against the decree post-remand could only be entertained through an independent appeal under Section 205, satisfying its requirements. Additionally, no constitutional question was found to arise at that stage.

2. The petitioner raised objections to the decree of the Judicial Commissioner's Court concerning the amount awarded for arrears of pay and directions on costs and payment of court fee. The Court acknowledged the petitioner's concern that arrears of pay should have been awarded until the date of a valid order of dismissal, not just up to the date of the suit's institution. While the Court noted the validity of this point, it emphasized that such matters should be addressed through a separate remedy and not at the current stage. The Court also reviewed the calculation of court fees, pointing out an error in the method used. It highlighted that the court fee should have been calculated differently based on the nature of the relief sought in the plaint. The Court indicated that the plaintiff's grievances regarding arrears of pay and excess court fee would likely be addressed by the Government following the Court's observations. Consequently, the Court dismissed the petition with these clarifications.