1960 (9) TMI 126 - HC - Indian Laws

Summary

Issues: Interpretation of Section 65 of the Hyderabad Agricultural Debtors Relief Act, 1956

Analysis:

Issue 1: Interpretation of Section 65 of the Hyderabad Agricultural Debtors Relief Act, 1956
The judgment deals with the interpretation of Section 65 of the Hyderabad Agricultural Debtors Relief Act, 1956, which repealed the Debt Conciliation Act I of 1349 Fasli. The main question is the effect of the repeal on pending applications before the Boards established under the repealed Act. The judgment discusses the dissolution of the Boards and the consequences of pending applications beyond the pecuniary limits of the Courts.

Issue 2: Continuation of Boards and Pending Applications
The judgment analyzes the contention regarding the continuation of the Boards or the power to appoint fresh Boards after dissolution. It examines the provisions of Section 3 of the repealed Act, highlighting the lack of reservation for the continuation of the Boards post-repeal. The judgment concludes that the second part of the proviso to Section 65 is inconsistent with the dissolution of the Boards and, therefore, must be treated as void and ineffective.

Issue 3: Lapse of Proceedings and Jurisdiction of Civil Court
The judgment determines that all proceedings before the Board lapse due to the inconsistency between the two clauses of the proviso. It emphasizes that it is not within the Court's purview to remedy legislative lacunae. Consequently, the Civil Court is directed to proceed with the suit that was pending before it, as there is no hindrance following the lapse of proceedings before the Board.

Issue 4: Application of Precedents
The judgment distinguishes previous cases cited by the parties, emphasizing that the circumstances and legal provisions in those cases were different from the present matter. It clarifies that the dissolution of the Boards renders the proceedings before them null, allowing the Civil Court to adjudicate the dispute between the parties in accordance with the law.

Conclusion:
The judgment concludes by directing the Civil Court to proceed with the suit from the stage at which it was left, transferring it to the appropriate jurisdiction for disposal. Additionally, it addresses a related application for the appointment of a receiver, forwarding it to the designated Court for further consideration. The judgment clarifies the legal implications of the repeal of the Debt Conciliation Act and the dissolution of the Boards under the Hyderabad Agricultural Debtors Relief Act, providing a comprehensive analysis of the issues involved.