AIR 1933 RANGOON 2

Rangoon High Court

Hon'ble Judge(s): Page , C.J. AND Baguley, Ba U , JJ

(A) Burma Rural Self-Government Act (4 of 1921) , S.79— - Rules under, R. 39 - District Judge passing orders as to validity of election is subordinate to High Court - Order though final, revision lies if order is without jurisdiction. The District Judge while passing orders relating to validity of election of District Council is acting as a Court subordinate to the High Court within S. 114. The High Court ought not to exercise any revisional powers which it may possess under S. 115 or otherwise in respect of such orders of the District Judge unless it is satisfied that the orders were made without jurisdiction as under R. 39 the order of the District Judge is final. (B) Practice - Duty of Court - Questions necessary for decision only should be decided. A Court should decide only such questions as are necessary for the determination of the case under consideration.