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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.
Calcutta High Court Cites 17 - Cited by 8 - Full Document
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