Kamal Singh Rampuria And Ors. vs Corporation Of Calcutta And Ors. on 28 August, 1959
In Sree Sridhar Jew v. Corporation of Calcutta, , a Division Bench of this court differed with my decision but it was on the ground that upon a construction of Section 175, and even after referring to Section 207, the learned Judges were unable to hold that the power of amalgamation had been given to the Commissioner. According to the learned Judges, amalgamation referred to in Section 175 meant amalgamation by the owner himself. It will thus be seen that the learned Judges did not hold that the power to do something which is mentioned in the Act, but for which there is no express provision, cannot be implied. I am, therefore, stilt justified in thinking that such implication is possible.