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Section 21: Jurisdiction of courts barred in certain matters.

The Oudh Settled Estates Act, 1917State Act of Uttar Pradesh · Act 5 of 1917

21. (1) No court shall question the validity or propriety of any declaration made under section 10

[(a) except in so far as the declaration purports to affect property not included] in the written permission granted by the [State Government], or

(b) (where permission has been granted under section 6 or 7) except in so far as the person by whom the declaration is made shall be found not to have been entitled to and in possession of a permanent, heritable, and transferable right in the immovable property included therein, or such person was not competent to contract, or

(c) (where permission has been granted under section 8) unless such person shall be found not to have been entitled to and in possession of the settled estate at the date of the application under that section, or the declaration sought to be revoked was irrevocable.

(2) Except as provided in sub-section (1), no court shall exercise jurisdiction in or over the following matters :

(a) the legality, propriety, or regularity of an application under section 3, 7 or 8 or of any proceeding held or order passed thereon ; (b) the legality, propriety, regularity, or sufficiency of any notice issued under section 5 ;

(c) the rejection of an application under section 4 or the grant or refusal of permission under section 6, 7 or 8 ;

(d) the legality, propriety, or regularity of any permission granted under section 9, or of any proceeding held under section 13, sub-section (2) ;

(e) the sufficiency or otherwise of the reasons for the issue of a notification under section 14 ;

(f) the exercise by the [State Government] or a Collector or Commissioner of any discretion to grant, refuse, modify or cancel any sanction vested in it or him by sections 16, 17, 18, or 19 ;

(g) the propriety or validity of any decision under sections 16, 17, 18 or 19 that any transfer is or is not for a public purpose or of a charitable or religious nature, or that any lease is or is not for an agricultural purpose.

Where this provision sits

ActThe Oudh Settled Estates Act, 1917
Section21
Marginal noteJurisdiction of courts barred in certain matters.
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Subs. by the A. O. 1950 for (Crown) which had been subs. by the A. O. 1937 for (Secy of State).

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