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1 - 10 of 10 (0.21 seconds)Section 141 in The Calcutta Municipal Corporation Act, 1980 [Entire Act]
Corporation Of Calcutta vs Chandoolal Bhai Chand Modi on 9 September, 1952
While on s. 131(2)(b) we observe that it was not contended
that a Court had no power to cancel a valuation; all that
was said was that after cancellation the Court must or may
proceed to make a fresh valuation. This we have held to be
an untenable view. A point was however made that s.
131(2)(b) applied only to a cancellation on the ground of
irregularity, that is, a procedural defect such as, absence
of notice, omission to give a hearing etc.. There is however
no reason to restrict the ordinary meaning of the word
"irregularity" and confine it to procedural defects only.
None, has been advanced. Such a contention was rejected,
and we think rightly, in Corporation of Calcutta v. Chandoo
Lal Bhai Chand Modi(1). That word clearly covers any case
where a thing has not been done in the manner laid down by
the statute, irrespective of what that manner might be. In
principle there would be nothing to justify a special
provision like s. 131(2)(b) being made to cover a case of
procedural irregularity only.
Governor-General Of India In Council vs Corporation Of Calcutta on 4 July, 1947
In
Governor-General of India in Council v. Corporation of
Calcutta(1) the High Court upheld the order of the Court of
Small Causes cancelling a valuation as having been made
under the wrong clause of s. 127 but did not direct the
valuation to be made afresh by that Court.
Section 142 in The Calcutta Municipal Corporation Act, 1980 [Entire Act]
Section 140 in The Calcutta Municipal Corporation Act, 1980 [Entire Act]
Section 131 in The Calcutta Municipal Corporation Act, 1980 [Entire Act]
Section 139 in The Calcutta Municipal Corporation Act, 1980 [Entire Act]
The Royal Asiatic Society Of Bengal vs Corporation Of Calcutta And Anr. on 26 April, 1951
If it was intended by the Royal Asiatic Society's case(5) to
hold that it was the appellate court's power after
cancelling a valuation to revise it if it liked, that again
would be a view to which we are unable to subscribe. , Such
a view indeed appears to have been
(1) 51 C.W.N. 517.
Section 147 in The Haryana Municipal Act, 1973 [Entire Act]
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