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Section 36: Jurisdiction of courts barred in certain matters.

The United Provinces Estates Act, 1920State Act of Uttar Pradesh · Act 7 of 1920

36. (1) No court shall question the validity or propriety of any declaration made under section 7 or section 1 except on the ground that the applicant was not competent to contract on this date on which he made his application.

(2) No court shall question the validity or property of any declaration made under section 27 or section 29 as the case may be —

(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 23 on section 24) 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 25 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,

(3) Except as provided in sub-sections (1) and (2) no Court shall exercise jurisdiction in or over the following matters ;

(a) the legality, propriety or regularity of an application under section 3, 18, 20, or 25 or of any proceeding held or order passed thereon ;

(b) the legality, propriety, regularity or sufficiency of any notice issued under section 5 or section 22 ;

(c) the rejection of an application under section 4 or section 21, or the grant or refusal of permission under sections 6, 18, 23, 24 and 25 ;

(d) the legality, propriety or regularity of any permission granted under section 26 or of any proceeding held under section 30, subsection (2) ;

(e) the sufficiency or otherwise of the reasons for the issue of a notification under section 18 or section 31 ;

(f) the grant or refusal of sanction under section 33, or section 34 ;

(g) the propriety or validity of any decision under section 33 or section 34 that any transfer is, or is not, for a public purpose of a charitable or religious nature or for a purpose beneficial to the public or to a section of the public, or that any lease is, or is not, for an agricultural purpose.

Where this provision sits

ActThe United Provinces Estates Act, 1920
Section36
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 (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).

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