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august 1965

Supreme Court of India · 1965-08-19

MARTIN BURN LTD. vs THE CORPORATION OF CALCUTTA

Citation / case number
SC 1963/226
Court
Supreme Court of India
Petitioner
MARTIN BURN LTD.
Respondent
THE CORPORATION OF CALCUTTA
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the High Court's order remanding the case to the Court of Small Causes for a fresh valuation under the Calcutta Municipal Act, 1923, could not be sustained as it did not comply with the statutory provisions. The Court clarified that the valuation must be made as prescribed by the statute to create a statutory liability for rates, and the High Court's direction was not a valid exercise of revision under Sections 147 and 164. Consequently, the appeal was allowed, and the High Court's order was set aside.

MARTIN BURN LTD. vs THE CORPORATION OF CALCUTTA · Niyam