1912 (12) TMI 2

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....the Government of Eastern Bangal and Assam, acting under Section 15 of Police Act, 1861,(as amended by the Amendment Act of 1895) declared that from the conduct of the inhabitants of certain parts of the District of Mymensingh, it was expedient to increase the number of Police in those places. Their number was accordingly increased and under Section 15(4), it becomes the duty of the District Magis....

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....asons we have stated, we must hold that it was not. 4. A second question then arises whether the Secretary of State was rightly sued. The wrong that the plaintiff alleges, he has suffered, is that money has been unlawfully taken from him; the remedy, he seeks, is that it him be restored to him. We must suppose that the money has at one time at least been at the disposal of the Local Government,....

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....14 at p. 321; 6 Bom. L.R. 65 which seems to include the Local Government. We are of opinion that we must answer the question we have propounded in the affirmative. It has not been argued before us that the Local Government has power to raise any money which is not under the general control of the Secretary of State, and we are not aware that his liability for money raised under colour of the law f....

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....of State under Section 416 of the Code of Civil Procedure, 1882, under which this suit was brought and by Section 2 of the same Act the Local Government is included in the expression the Government of India. If the Local Government is liable, it is, therefore, correctly sued as the Secretary of State in Council, and we have not been invited to decide any question of liability that may arise betwee....