Court : Mumbai
Decided on : Apr-16-1901
Reported in : 2Ind.Cas.150
Lawrence Jenkins, C.J.1. This is substantially a suit brought against the Secretary of State for India in Council on the ground of an alleged defamation by the Government of Bombay.2. The defendant has put in a written statement wherein he maintains that no such suit will lie, and on the 25th of February 1901, he took out a Judge's summons calling on the plaintiff to show cause why this suit should not be set down on the daily board for hearing on some early date to be fixed by the Court for the argument and disposal on preliminary issues of the matter raised in the 1st, 2nd, 3rd and 5th paragraphs of the defendant's written statement.3. Those paragraphs are in these terms:1. The defendant says that the Resolution No. 7846 of the 6th November 1899 set out in the plaint was an act and order of the Government of Bombay and Council, counselled, ordered and done by the said Governor and Council in their public capacity only and acting as Governor and Council and that by virtue of the provi...
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