In Arakhita Das v Hari Mohapatra (1963), how did the Orissa High Court classify the Deputy Commissioner…
In paragraph 8, the Orissa High Court treated the order as one of a Civil Court because the Deputy Commissioner was deciding civil rights in the settlement proceeding. The…
Choose your answer
In Arakhita Das v Hari Mohapatra (1963), how did the Orissa High Court classify the Deputy Commissioner of Angul’s order for the purpose of section 14(2) of the Hindu Succession Act, 1956?
Answer and explanation
Correct answer A
In paragraph 8, the Orissa High Court treated the order as one of a Civil Court because the Deputy Commissioner was deciding civil rights in the settlement proceeding. The classification turned on the function performed.
Option feedback
Option A
The court focused on the adjudicative function performed in the particular proceeding.
Option B
The court accepted the order despite the officer acting in the highest revenue jurisdiction.
Option C
The decision concerns the function performed in this case.
Option D
The decision expressly treated the order as one of a Civil Court for this purpose.
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