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TMI Blog1913 (1) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... L.B.R. 150. 5. [Lord Macnaghten: A decree on the Land Acquisition Act! Not on anything else?] 6. That would not prevent the Board from giving special leave as the prerogative of the Crown subsisted until it was taken away by statute. 7. [Lord Macnaghten: As a general rule, that is no doubt right, but in this particular case, there is no appeal beyond High Court--at least so it has been held.] 8. The view that if the Land Acquisition Act gave no power to appeal there was no appeal, was not quite correct, nor was the view that the words of the Civil Procedure Code allowed appeal only in cases where proceedings had taken place under that Code in the ordinary way. The Chartered High Court stood on a different footing. By clause 39 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is an award and not an ordinary decree of the Court, then its whole existence, its nature, is defined by the Land Acquisition Act and I cannot see how the Patent apply to it.] 17. In the Burma case 16 Ind. Cas. 188 : 16 C.W.N. 961 : 12 M.L.T. 195 : (1912) M.W.N. 781 : 16 C.L.J. 245 : 23 M.L.J. 276 : 14 Bom. L.R. 833 : 10 A.L.J. 271 : 5 Bur. L.T. 203 : 207 : 4. C. 21 : 6 L.B.R. 150, there was no question of appeal; it was an award by the Chief Court itself. 18. [Lord Macnaghten: It was supposed that they were Appealing from a decision or decree of the Chief Court, but they were not.] 19. The present case was very different as we were appealing on a question of law and that it had nothing to do with figures. 19. [Lord Macnaghten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the Ezra's case 1 C.L.J. 227 : 9 C.W.N. 454 : 2 A.L.J. 771 : 32 C. 605 : 32 I.A. 93 (P.C.) : 7 Bom. L.R. 422, the land was required for the Bank of Bengal and the Collector made an award under the instructions of Executive Officer under the Government and the contention was that the Collector in so acting did not act judicially. The High Court held him to be an agent of the Government liable to control. The Government had no power to appeal from the awards of the Collector and the Court had no power to reduce the amount of the award that was really the scheme of the Act. 27. [Lord Macnaghten:--It was all very fully argued in the Burma case 16 Ind. Cas. 188 : 16 C.W.N. 961 : 12 M.L.T. 195 : (1912) M.W.N. 781 : 16 C.L.J. 245 : 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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