LAWS(BOM)-1942-12-16

AHMEDABAD MUNICIPALITY Vs. SECRETARY OF STATE

Decided On December 15, 1942
AHMEDABAD MUNICIPALITY Appellant
V/S
SECRETARY OF STATE Respondents

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Bombay dated February 8, 1938, which reversed a decree of the First Class Subordinate Judge of Ahmedabad dated March 31, 1933, in favour of the plaintiff-the appellant before the Board.

(2.) THE plaintiff is the Ahmedabad Municipality; and the defendant is, the Secretary of State.

(3.) IN pursuance of the above resolution a sum of Rs. 42,000 was deducted by the Government from the educational grant to the Municipality for the year 1922-23. Similarly, sums of Rs. 2,000 and Rs. 4,156-5-0 representing interest on the unexpired balance of the four lakhs for the financial years 1924-25 and 1925-26 were deducted by the Government from a subsequent grant. The total sum thus deducted amounted to Rs. 48,156-5-0. It is this sum together with interest, amounting to Rs. 62,856-5-0, that is now claimed by the plaintiff in the suit.