AYA SINGH Vs. HARI RAM

JUDGEMENT

(1.) The short question that has been referred to the Division Bench for determination is as follows :

(2.) Shri Pandhi referred to section 35 of the Act and submitted that the Controller appointed under Section 35 of the Act can exercise powers conferred and perform duties imposed on him by or under the Act. Under Section 36 (2), he has been given the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters only; namely;

(3.) It was further contended, though not seriously, that the powers of the Controller have been mentioned in section 36 : and whatever is not there has to be taken as having been excluded. The power of inspecting any premises given under sub section 3 (a) of section 36 can be exercised only after giving notice. It cannot be exercised in any other manner under any other provision of the Code of Civil Procedure. All these contentions of the learned counsel, however, are without any merit.