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TMI Blog1949 (1) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... Authored By : Vaidynathier Ramaswami, Syed Jafar Imam Vaidynathier Ramaswami, J. 1. The plaintiff brought the suit for a declaration that the assessment of tax made by the defendant, that is, the Buxar Municipal Commissioners with respect to his rise and oil mills was illegal and ultra vires. The plaintiff also asked for a permanent injunction restraining the defendant from realising the tax. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserved that the notification is under Section 18 (2) Bihar and Orissa Municipal Act, which empowers the Local Government to divide the municipality into wards. No attempt was made on behalf of the appellant; to produce the notification made under Section 6, constituting the municipality and specifying its limits. Even if EX. E be assumed to correctly define the municipal limits, it does not assis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pared a sketch map. But this sketch map too was not produced on behalf of the appellant. It is not unreasonable to draw the inference that if the maps had been produced in Court, they would not have supported the case of the appellant. In any case, we are not prepared to hold that the lower Courts have misconstrued any evidence in deciding the question of fact whether the two mills fell within the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Municipal Act would be maintainable even if brought more than three months after the assessment. In Municipality of Faizpur v. Manak Dulab Shet 22 Bom. 637, the same view was taken and it was decided that Section 48, Bombay Municipal Act (corresponding to Section 377, Bihar and Orissa Act) did not apply to a suit for specific performance of a contract or for damages for breach thereof. 4. Lastly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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