MOULVI HAMID HASSAN NOMANI Vs. BANWARILAL ROY

JUDGEMENT

(1.) THIS is an appeal from an order of the High Court of Judicature at Fort William in Bengal, made on July 19, 1944.

(2.) ON June 14, 1944, the High Court, on the application of the respondents, issued a rule nisi calling upon the appellant to show cause why an information in the nature of quo warranto should not be exhibited against him "as to by what authority he is exercising and performing or claiming to exercise or perform the powers and duties which may be performed or exercised by the Chairman and the Commissioners of the Howrah Municipality. " By the said Order of July 19, 1944, the High Court made absolute the rule nisi. ON December 14, 1944, the High Court ordered that the appellant's appeal to His Majesty in Council against the said Order of July 19, 1944, be admitted.

(3.) AN information in the nature of quo warranto is the modern procedure replacing the obsolete high prerogative writ of quo warranto. It is used to try the civil right to a public office. For the purpose of this appeal it is conceded by the appellant: (1) That, by virtue of the Order of the Governor of Bengal, made on June 9, 1944, the appellant tool; possession of an office of a nature for which the information might be granted; (2) That the Municipality of Howrah is outside the territorial limits of the ordinary original Civil jurisdiction of the said High Court, though within the Presidency of Bengal, and (3) That the appellant resides outside the limits of such jurisdiction, but is a servant of Government, being a Deputy Magistrate.