The Calcutta Weekly Notes June 1 1953

A deree passed on the Original Side of the High Court was transmitted to the Court of the Subordinate Judge at Asansol where the first application for execution was dismised for default. [...] Das J. held that the facts of the case particularly an order dated March 27 1933 showed that the decree Lad in fact been transmitted to the sansol Court which thereby became seised of jurisdiction to entertain the second aplication for execution and accordingly none of the proceedings could be questioned for lack of inherent jurisdiction. [...] Ghulam Hasan J. held that the real question was whether the judgment-debtor was preclued by the principle of constructive res judicata from raising the question of juridiction and the learned Judge Concluded that the failure to raise the objectiOit as to want of jurisdiction went to the root of the matter and precluded the judgment-debtor from raising the plea of jurisdiction. [...] N. 723 F. B. the following passage occurs : "A judgment pronounced by a Court witcut jurisdiction is void subject to the welknown reservation that when the jurisdition of the Court is challenged the Court is competent to determine the question of jurisdiction... [...] Where therefore a person was carring on business on particular premises and the Corporation wrote on 11th May 1949 d.sking him to remove the business and threatening prosecution in case of failure and he then applied for licence but 111e same was refused on 29th July and the summons against the accused was applied for and the application eventually filed in the Court of the Municipal Magis