JEHANGIR MANECKJI CURSETJI Vs. SECRETARY OF STATE FOR INDIA
JEHANGIR MANECKJI CURSETJI
SECRETARY OF STATE FOR INDIA
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Lawrence Jenkins, C J -
(1.) This is substantially a suit brought against the Secretary of State for India in Council on the ground of an alleged defamation by the Government of Bombay.
(2.) The defendant has put in a written statement wherein he maintains that no such suit will lie, and on the 25 of February 1901, he took out a Judge's summons calling on the plaintiff to show cause why this suit should not be set down on the daily board for hearing on some early date to be fixed by the Court for the argument and disposal on preliminary issues of the matter raised in the 1st, 2nd, 3 and 5 paragraphs of the defendant's written statement.
(3.) Those paragraphs are in these terms: 1. The defendant says that the Resolution No. 7846 of the 6 November 1899 set out in the plaint was an act and order of the Government of Bombay and Council, counselled, ordered and done by the said Governor and Council in their public capacity only and acting as Governor and Council and that by virtue of the provisions of the statute 4 Geo. IV. c. 71 the said Governor and Council are not subject to the jurisdiction of this Honourable Court by reason of such act and order. 2. The defendant also says that apart from the provisions of the said statute, no suit is maintainable against him in respect of the said Resolution, inasmuch as the same was issued and published by the Governor of Bombay and Council acting in their public capacity as the executive Government on behalf of Her late Majesty the Queen-Empress. 3. The defendant submits that the allegations in the plaint contained and. particularly those in the 7 paragraph thereof disclose no cause of action against him or the Government of Bombay.;
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