Corporation of Calcutta vs Bijoy Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(Cal) 207

Corporation of Calcutta – Appellant
Versus
Bijoy Kumar – Respondent

JUDGMENT

1. The plaintiffs-respondents are the owners of premises No. 12-1, KPuddopookur Lane, and Nos. 34-1 and 37-3, Watgunge Street, which are bustee lands in occupation of their tenants. The lands are situated within the jurisdiction of the Municipal Corporation of Calcutta and are subject to the operation of Chapter XXVI of the Calcutta Municipal Act, 1899 (Act ill of 1899 B.C.). The defendant Corporation called upon the plaintiffs to carry out improvements in the busteea, and upon their failure to comply with the requisition, instituted successive criminal prosecutions to compel execution of the works. The result has been that the plaintiffs have been convicted on no less than eight occasions and sentenced to pay fines of various amounts u/s 575 read with Section 408 of the Calcutta Municipal Act. The plaintiffs have thereupon instituted the present suit for an injunction against the Corporation. The plaintiffs pray that the Corporation be restrained by an injunction (a) from taking any action or proceeding for non-compliance with the requisition for carrying out improvements in their premises, and (b) from instituting or continuing any proceeding or putting the law in motion

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