LAWS(PVC)-1948-6-10

GOVERNOR GENERAL IN COUNCIL, REPRESENTED BY THE GENERAL MANAGER, SOUTH INDIAN RAILWAY Vs. MUNICIPAL COUNCIL, MADURA THROUGH ITS COMMISSIONER

Decided On June 15, 1948
GOVERNOR GENERAL IN COUNCIL, REPRESENTED BY THE GENERAL MANAGER, SOUTH INDIAN RAILWAY Appellant
V/S
MUNICIPAL COUNCIL, MADURA THROUGH ITS COMMISSIONER Respondents

JUDGEMENT

(1.) In this appeal, which is brought from a judgment of the High Court of Judicature at Madras affirming a judgment of the principal Subordinate Judge at Madura, two main questions arise for consideration. The first, which turns upon the true meaning and effect of certain sections of the Railways Act (IX

(9.) of 1890), is whether in the circumstances of the case and upon a true construction of that Act and particularly of the proviso contained in S. 11 (3) (b) thereof the Provincial Government of Madras had power to issue a requisition to the South Indian Railway Company, which will be referred to as "the Railway," to enlarge at its own cost one of its culverts from a water way of 6 feet to one of 20 feet as a further or additional accommodation work for the use (as the appellant alleges) of the respondent, the Municipal Council of Madura. The second question, which only arises if the Provincial Government had no such power, is whether the Railway is under and by virtue of the provisions of S. 70, Contract Act (IX

(9.) of 1872), entitled to recover from the respondent the costs of such enlargement.