AIR 1963 CALCUTTA 214

Calcutta High Court

Hon'ble Judge(s): H. K. Bose , C.J. AND Salil Kumar Datta , J

Appeal - Right of - Who can appeal - Party raising specific contention and arguing the same - Court upholding same - Party cannot appeal on ground that the contention raised by him was misconceived. Companies Act (1 of 1956) , S.483— Civil P.C. (5 of 1908) , S.98— A right of appeal is a creature of statute. Nobody has an inherent or natural right of appeal.(Para 4) Section 483, Companies Act 1956, confers right of appeal in matters mentioned therein.(Para 4) A party cannot appeal against the decision in his favour or in other words no person has a right of appeal from a decision unless his interest is adversely or prejudicially affected by it.(Para 5) An erroneous admission by a counsel on a point of law is of no effect and does not preclude the party from claiming his legal rights in the Appellate Court. AIR 1919 Cal 972 and AIR 1940 PC 90, Ref.(Para 5) Where the counsel for the Central Government put forward the contention before the Company Judge that Rr. 301 to 304 of the Companies Court Rules, 1959 framed by the Supreme Court under sub-ss. (1) and (2) of S. 643 of the Companies Act, 1956, were ultra vires, argued the point in all its aspects and succeeded in inducing the Judge to decide the point in favour of the Central Government....