Judgement

Appeal (No. 55 of 1945) from a judgment and decree of a Division Bench of the High Court (July 26, 1943) delivered and passed on a special case stated by agreement between the parties under s. 90 and Ord. 36 of the Code of Civil Procedure, 1908.

The question stated in the special case was “whether the 11 Crown is bound by s. 222, sub-s. 1, and s. 265 of the City of “Bombay Municipal Act." Those sections related to certain powers conferred on the municipality in connexion with the citys water supply, and in effect gave the municipality power to carry water-mains for the purposes of water supply through, across or under any street, and into, through or under any land whatsoever in the city.

The High Court (Beaumont C.J. and Rajadhyaksha J.) held that the Crown was bound by the sections in question.

The facts and the terms of the sections appear from the judgment of the Judicial Committee.

1946. July 3, 4, 22. Tucker K.C and Bagram for the appellant.

W. W. K. Page K.C. and Jopling for the respondents.

Oct. 10. The judgment of their Lordships was .delivered by Lord BU PARCO. By a written agreement, dated March I, 1943, the parties to this appeal concurred in stating a special