Supreme Court · 1961 INSC 31 · Decided 6 February 1961

Hazrat Syed Shah Mastershld Ali Al Quadari v. The Commissioner of W Akfs, West BENGAL.

Court
Supreme Court of India
Citation
1961 INSC 31 · [1961] 3 S.C.R. 759
Case number
CIVIL APPEAL No. 237/1956
Decided
6 February 1961
Bench
J.L. KAPUR, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution; Arbitration Act

Headnote

SUPREME COURT R.EPORTS 759 arise on the pleadings. Evidently, any decision given by the High Court in the course of the order would not in that trial de nova be binding and the cases will have to be tried afresh by the Civil Judge. The High Court. was of the view that the interpretation of para. 3 Judge. We fail to appreciate how an observation on a question which is directed to be retried can still be regarded as raising a question of law of great public or private. importance justifying grant of a certificate under Art. 133 (1) (c) of. the Constitution. We accordingly vacate the

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