V.S. JASANI Vs. CITY OF JABALPUR CORPORATION

JUDGEMENT

(1.) IN this appeal the appellant lasani impugns an order passed by Choudhuri J. in Miscellaneous Petition No. 250 of 1956 on 26th September 1957.

(2.) THE facts of the case are as follows :

(3.) SECTION 415 deals with different types of appeal. Some appeals are within the Corporation itself and some are against the orders of the Chief Executive Officer and lie to the State Government. It is clear that under section 443, sub section (3) (c), rules and bye -laws can be made to control the right of appeal within the Corporate itself but the Corporation can have no say in the matter of an appeal to an outside tribunal such as the State Government under the third sub -section of section 415. In our opinion, Section 415 (3) is inconsistent with the rules framed under section 25 (6) of the C.P. and Berar Municipalities Act and vice versa and the rules cannot be read to abrogate the right of appeal granted by section 415 (3) of the Act.