Court : Mumbai
Decided on : Oct-01-1946
Reported in : AIR1947Bom276; (1947)49BOMLR92
..... connected to the system and in order to fulfil the obligations imposed on the licensee by virtue of contracts with the consumers as laid down in el. vi of the schedule to the indian electricity act. thereafter it is added that in the event of the licensee failing to take necessary steps within six ..... -section imports a condition precedent, viz. the existence of an obligation of something required of the appellant to be done 'by or under this act', to the formation of an opinion that there has been a 'wilful and unreasonable prolonged default' of such obligation, and to the further opinion that it is in ..... want of jurisdiction or that the proceedings were contrary to the principles of natural justice. as i have pointed out above the question of the formation of opinion has not been challenged, and therefore even if the discretion exercised was a judicial one no grounds have been set out to challenge ..... the plaint is that the plaintiffs deny that the provincial government had 'sufficient grounds'. that is the only allegation in the plaint. the question of the formation of the. opinion has not been challenged in the pleadings.73. in this connection certain authorities have been referred to and i need only refer to ..... the government should be asked formally to prove that they had formed the opinion required under section 4(2) (a). although the fact of the formation of the opinion might not have been stated in the letter of april 3, 1943, in the written statement of government it is so stated .....Tag this Judgment!
Court : Privy Council
Decided on : Oct-10-1946
..... sale of liquor, were to belong to the commercial manager. although it is common ground that h. q. took an active interest in the formation of the club and in procuring officers to serve on the first committee, it is clear from the rules that once the club was formed, ..... it seems to their lordships that the suggested implications so far from being necessary are neither reasonable nor even possible. to give efficacy to a contract with such implications, rules quite other than those adopted would have been necessary. in these circumstances the contentions advanced before this board fail and ..... political power to issue orders that may become necessary by reason of public order, jure imperii-even though, in consequence of such orders, the contract itself becomes impossible of fulfilment."  in appeal to this board the case of the appellant has been based on grounds other than those ..... have been immoral and against every fundamental principle of constitutional law if the authorities, in order to open a club-which is a purely administrative act - were to sacrifice interests which are far more important and therefore of a much higher order, whether political, moral or affecting public order. consequently ..... throughout the war, and that the military authority had so stipulated with the plaintiff, it is obvious that the brigadier or other authority had acted jure administrationis in order to ensure that officers should have a club to go to when on leave. but the military authorities could never .....Tag this Judgment!