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The Nadiad Borough Municipality vs Parikh Jitendra Kanaiyalal on 15 November, 1961

10. Our attention was also drawn to a decision ir the case of Nathubhai Dhulaji a firm and Ors. v. The Municipal Corporation Bomhus and Ors. That was a case under the provisions of the Bombay Municipal Corporator Act 1888 In that case a notice required to be given under Section 527 of that Act was addressed to the Municipal Commissioner. It was there held that the Municipal Commissioner was not a body corporate and that it was not sufficient compliance with Section 527 to give notice to the Municipal Commissioner. We may point out that the Bombay Municipal Corporation Act 1888 does not require that the Corporation shall be sued through any of its officer or officers. Section 5 of that Act lays down that the Corporation shall by the name of the Municipal Corporation of Greater Bombay be a body corporate...and by such name may sue and be sued.
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