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P.K. Banerjee vs L.J. Simonds And Anr. on 9 July, 1946

13. Judged by the above principles, the present application, in my view, must fail. The question whether rights under a contract can be the subject of a mandamus was considered in 'P.K. Banerjee v. L.J. Simonds', A. I. R. (34) 1947 Cal. 307. Gentle, J. on a review of the authorities, held that a (mandamus would not issue to enforce a contract. In this connection the learned Judge quoted the following observation of Patterson, J. in Ex parte, Pering (1836) 4 Ad. & El. 949 at p. 950: "We cannot grant a mandamus to a public Board and order them to carry a contract into effect." The learned Judge also cited 'Commr.
Calcutta High Court Cites 17 - Cited by 23 - Full Document
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