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Queen-empress Vs. Ram Chandar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1897)ILR19All493
AppellantQueen-empress
RespondentRam Chandar
Excerpt:
evidence - presumption--municipal bye-law, presumption as to the validity of--act no. xv of 1883 (north-western provinces and oudh municipalities act), section 55. - - it is for the person raising the objection to give some evidence to show that it would not be safe to make such a presumption......the presumption, that a municipality has used the regular and lawful procedure, and that the common course of business has been followed in that procedure. it is for the person raising the objection to give some evidence to show that it would not be safe to make such a presumption. the decision of the high court at bombay in the municipality of sholapur v. the sholapur spinning and weaving co. i.l.r. 20 bom. 732., is an authority on this subject. a point of this kind should have been taken by the party concerned if there was anything in it, and should not have been taken of its own motion by a court sitting in appeal or revision, we see no ground for interfering: the rule will be discharged.
Judgment:

John Edge, Kt., C.J. and Blair, J.

1. In our opinion the presumption was that the rules in question had been duly made, published, and sanctioned. A Court ought to presume, until some evidence is given to destroy the presumption, that a Municipality has used the regular and lawful procedure, and that the common course of business has been followed in that procedure. It is for the person raising the objection to give some evidence to show that it would not be safe to make such a presumption. The decision of the High Court at Bombay in The Municipality of Sholapur v. The Sholapur Spinning and Weaving Co. I.L.R. 20 Bom. 732., is an authority on this subject. A point of this kind should have been taken by the party concerned if there was anything in it, and should not have been taken of its own motion by a Court sitting in appeal or revision, We see no ground for interfering: the rule will be discharged.


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