Supreme Court of India · 1967-08-29
COLLECTOR OF VARANASI vs GAURI SHANKAR MISRA & ORS.
- Citation / case number
- SC 1965/188
- Court
- Supreme Court of India
- Petitioner
- COLLECTOR OF VARANASI
- Respondent
- GAURI SHANKAR MISRA & ORS.
- Author
- WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
- Bench
- WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the High Court, while acting under Section 19(1)(f) of the Defence of India Act, 1939, functions as a 'court' and not as a persona designata. The Court disapproved the earlier ruling in Hanskumar Kishanchand v. Union of India, [1959] S.C.R. 1177, establishing that the High Court's decisions in such appeals are judicial in nature. The Court set aside the High Court's determination of compensation based on a single sale deed, ruling it was not a contemporaneous transaction, thus restoring the arbitrator's award.