High CourtsFull Bench(1914) 04 MAD CK 0058

K.R. Ramachandra Ayyar vs The President of the Vakils' Association, High Court

Madras High Court · Decided on 16 April 1914 · Citation: (1916) ILR (Mad) 128

HON’BLE JUDGES
John Wallis, C.J · Sankaran Nair, J · Oldfield, J

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Judgment

2 paragraphs · 184 words
1.

The petitioner relies upon the fact that leave to appeal was granted by this Court in a similar case In the matter of Krishnaswami Iyer Civil Miscellaneous Petitions Nos. 595 and 596 of 1912, but on a further consideration of the question we agree with the recent decision, In re an Attorney ILR (1914) Cal. 734, that disciplinary proceedings under Clause 10 of the Letters Patent are not appealable under Clause 39, and that we have no power to give leave to appeal to the Privy Council from an order passed in the exercise of such jurisdiction. This is also the view taken in G.S.D. v. Government Pleader (1908) ILR 32 Bom. 106. In Tetley v. Jai Shankar ILR (1878) All. 726 also it was held that no such leave could be granted and though in the subsequent case from Allahabad, In re S.B. Sarbadhicary (1906) 34 I.A. 41 it appears that leave was granted by the Allahabad High Court, the reports show that special leave to appeal was obtained from their Lordships before the appeal was beard.

2.

The application is dismissed.