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Civil Procedure [1950] EACA 5

Kaur and Another v Vanmali

Kaur and Another v Vanmali (Civil Appeal No. 64 of 1952 (1)) [1950] EACA 5 (1 January 1950)

The Court held that the preliminary objection to the competency of the appeal could not succeed. The established principle, as articulated in prior decisions and endorsed by the Privy Council, is that once a matter has reached an appellate court, the ordinary statutory provisions governing further appeals apply unless specifically excluded. The Supreme Court's decision was not a mere order of remand under Order XLI, rule 19, but a substantive determination on the jurisdiction of the Central Rent Control Board. The Board did not reject the head-tenant's application solely on a preliminary juri…

  • Appeal Rights
  • Remand Orders
  • Jurisdiction Of Rent Control Board
  • Unauthorized Structures
  • Final Vs Interlocutory Orders
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