Allahabad High Court
Queen-Empress vs Ram Chandar on 18 May, 1897
Equivalent citations: (1897)ILR 19ALL493
JUDGMENT John Edge, Kt., C.J. and Blair, J.
1. In our opinion the presumption was that the rules in question had been duly made, published, and sanctioned. A Court ought to presume, until some evidence is given to destroy the presumption, that a Municipality has used the regular and lawful procedure, and that the common course of business has been followed in that procedure. It is for the person raising the objection to give some evidence to show that it would not be safe to make such a presumption. The decision of the High Court at Bombay in The Municipality of Sholapur v. The Sholapur Spinning and Weaving Co. I.L.R. 20 Bom. 732., is an authority on this subject. A point of this kind should have been taken by the party concerned if there was anything in it, and should not have been taken of its own motion by a Court sitting in appeal or revision, We see no ground for interfering: the rule will be discharged.