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Corporation of Calcutta Vs. Manik Lal De - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1930Cal306
AppellantCorporation of Calcutta
RespondentManik Lal De
Cases ReferredThe Corporation of Calcutta v. Ashutosh De A.I.
Excerpt:
- .....corporation for assessment of rent and taxes. when there is a right of appeal one expects that the trial judge should record the evidence in such a way that the appellate court may come to its own decision as to whether the decision of the trial judge is right or wrong upon the evidence. in this case the evidence has been recorded in a slip shod way. there is nothing on the record from which the observation of the learned small cause court judge that the place has been made unhealthy by the workmen of the iron-yard can be supported. consequently the order of the learned judge reducing the valuation of the land cannot be supported, because the reason for this reduction cannot be found from the record. it would, however, be unjust to the respondent to decree the appeal on the ground that.....
Judgment:

B.B. Ghose, J.

1. The judgment in this case cannot at all be supported. Under the Municipal Act there is an appeal to this Court against the decision of the Small Cause Court Judge revising the valuation by the corporation for assessment of rent and taxes. When there is a right of appeal one expects that the trial Judge should record the evidence in such a way that the appellate Court may come to its own decision as to whether the decision of the trial Judge is right or wrong upon the evidence. In this case the evidence has been recorded in a slip shod way. There is nothing on the record from which the observation of the learned Small Cause Court Judge that the place has been made unhealthy by the workmen of the iron-yard can be supported. Consequently the order of the learned Judge reducing the valuation of the land cannot be supported, because the reason for this reduction cannot be found from the record. It would, however, be unjust to the respondent to decree the appeal on the ground that the learned Judge of the Small Cause Court has not taken down the evidence more fully. The only thing that we consider right to do in such a case as this is to set aside the judgment and order of the learned Judge, and Bend back the case for a proper trial after taking the evidence of both sides and recording it more fully.

2. I should draw the attention of the learned Judge of the Small Cause Court to the observations made by this Court in the case of The Corporation of Calcutta v. Ashutosh De A.I.R 1927 Cal. 659. The costs of this appeal will be in the discretion of the learned Judge when the case is finally decided. Hearing-fee of this Court is assessed at one gold mohur.

Bose, J.

3. I agree.


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