Court : Kolkata
Decided on : Jun-28-1897
Reported in : (1898)ILR25Cal160
Maclean, C.J.1. On the 17th December 1892, the Vice-Chairman of the Hooghly and Chinsurah Municipality wrote and sent to the plaintiff in this suit the following notice:Sir,---By a resolution of the Commissioners at a general meeting held on the 9th September last your prayer to allow the sajah to be made was disallowed. I therefore request that you will be good enough to remove the iron brackets put up against your house within eight days from the date of receipt of this letter, otherwise necessary steps should he taken for their removal.2. I understand and I have specially asked the question that no other notice was sent by the defendants to the plaintiff.3. The first question which we have to decide is whether, having regard to the terms of Section 204 of Bengal Act III of 1884, the Municipality were justified, under the circumstances of this case, in giving a notice, which admittedly the above document purported to be, under that Section. The Municipality admit that they considered...
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