1961 (1) Cri LJ 740 ::1961 ALL. L. J. 215 ::1961 2 SCJ 41 ::(1962) 2 SCJ 41 ::1961 S C D 230 ::ILR (1962) 1 All 521 ::ILR 1961 2 All 621

Supreme Court Of India

(From Allahabad : AIR 1956 All 187)

Hon'ble Judge(s): J. L. Kapur, M. Hidayatullah, J. C. Shah , JJJ

Uttar Pradesh (Temporary) Control of Rent and Eviction Act (3 of 1947) , S.2(d), S.3— Houses and Rents - Additional District Magistrate empowered u/S.10(2) Criminal P.C. to exercise all powers of District Magistrate - Is competent to grant permission u/S.3 without special authorisation of District Magistrate - District Magistrate not a persona designata. 1952 All LJ 486 : AIR 1953 All 62, Overruled. An Additional District Magistrate who has been appointed as such by a notification under S. 10(2) Criminal P. C., whereunder he is invested with all the powers of the District Magistrate under that Code as well as under any other law for the time being in force is competent to deal with an application under S. 3 of the U. P. (Temporary) Control of Rent and Eviction Act for permission to file a civil suit, without special authorisation from the District Magistrate.(Para 8) The provision in S. 10(2) Criminal P. C. is a specific provision to the contrary within the meaning of S. 1(2) Criminal P. C. and therefore an additional District Magistrate must be regarded as possessing the powers of the District Magistrate under any other law including the U. P. Act 3 of 1947.(Para 8) The District Magistrate mentioned in S. 3 of the U. P. Act is not a persona designata. Under the definition of Distri....