Ahmedabad Municipality Vs. Sulemanji Ismalji On 16 July, 1903

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Ahmedabad Municipality v. Sulemanji Ismalji

Ahmedabad Municipality
v.
Sulemanji Ismalji

(High Court Of Judicature At Bombay)

No | 16-07-1903

L H Jenkins, K C I E C J

[1] We affirm the decree of the lower Appellate Court on the ground that as this suit is brought by the Municipality for breach of an executory contract, it is open to the defendant to show that it is not binding on him inasmuch as it is not binding on the plaintiff. It is not binding on the plaintiff because the formalities prescribed by Section 30 of the Bombay District Municipal Act Amendment Act, 1884, have not been complied with. The appellant must pay the costs of this appeal.

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For the Appearing Parties ----

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HON'BLE JUSTICE JENKINS

HON'BLE JUSTICE G. JACOB

Eq Citation

ILR 1903 27 BOM 618

LQ/BomHC/1903/33

HeadNote

Local Government — Bombay District Municipal Act, 1882 — Ss. 30 and 31 — Formalities prescribed for entering into contract — Non-compliance with — Effect — Municipality bringing suit for breach of contract — Held, contract not binding on Municipality as formalities prescribed by S. 30 were not complied with — Contract Act, 1872, S. 11