TMI Blog1936 (9) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... irected that the application be advertised in two consecutive issues of the Hindustan Times and two consecutive issues of the Pioneer and also in two consecutive issues of some Hindi newspaper of Meerut and the application was duly advertised accordingly. No objections were taken to the application and I, by my order dated February 28, 1936, allowed the application and confirmed the proposed alterations. Then on April 18, 1936, the present application, which is for disposal before me, was filed by the firm Ugar Sen Parsotam Das, which firm is one of the members of the Chamber of Commerce, Hapur, praying that the order confirming the alterations be set aside, and the applicant be permitted to file objections to the application filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chamber for charitable purposes. According to the rules of the Chamber both the seller and the purchaser of the grain pit had to deposit a certain amount of money which was to be retained by the Chamber till the date of the settlement of the transaction. Further if there was fluctuation in the market additional sums of money were received by the Chamber and retained by it till the transaction was actually settled. On or after the due date of each transaction the cover money used to be handed back to the purchaser and the seller by the Association who settled the transaction in between themselves. The Chamber received some commission for registering each transaction and the seller and the purchaser had the advantage of getting the terms of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the members themselves, though in cases of default they are entitled to apply to the Chamber, which would then issue notice to the defaulter that in case he does not pay the amount due from him he will cease to be a member and will not be allowed to transact any more business. The members of the managing Committee of the Chamber considered that the direct settlement of accounts and the payment of profits by the purchaser and the seller was calculated to give rise to quarrels and that it was advisable to have the settlement made through the Chamber itself. With a view to profitable investment of the money in its hands and the prevention of quarrels between the purchasers and the sellers and to avoid delay in payment due to one or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, the proper course for the Company is to apply in the first instance to the Local Government for the approval of the proposed alterations, and, if the Local Government approves them "as being consistent with the continuation of the licence", then this Court can entertain the application of the Company for the confirmation of the alterations. If this case had been brought to my notice when I passed the ex parte order dated February 28, 1936, I would certainly have refrained from confirming the alterations, and would have directed the Chamber to first obtain the approval of the Local Government about the alterations and then to apply to this Court for the confirmation of the same. But it is argued that though I could have done so be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was held that as there is no explicit provision in the Religious Endowments Act for review, the District Judge has no power, under that Act, to review an order passed by him under Section 10 of the Act. It was further held that the power to review is not inherent in a court, and can only be exercised if it is permitted by statute. It may be that the application before me is in fact and in substance an application for review, and, therefore, ought not to be granted. The fact however remains that it has now come to my notice that the order passed by me on February 28, 1936, was erroneous and the question that arises is, have I jurisdiction to undo a wrong that has resulted by an ex parte order passed by me. I cannot but answer the questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain from observing that the alterations as to the investment of the funds of the Company will entitle the Chamber to do banking business and the second alteration for the direct settlement by the Chamber of the transactions would reduce the Chamber to the position of a Pakka Arhatia. The question whether this would or would not involve a radical alteration in the constitution of the Chamber will be a question for the consideration of the Local Government when it is asked to sanction the proposed alterations. In view of the decision in [1901] 1 Ch. Div. 556, (Supra) I recall my order dated February 28, 1936, and direct that the application dated December 10, 1935, be restored to its original number and stand over for a period of six mont ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
