1926 (5) TMI 3

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....suit against the Dinapur Nizamat Municipality is not in accordance with law. 3. The petitioners had a contract to repair one of the Municipal roads and submitted their bill for Rs. 181-1-0 which was reduced by the Municipality which considered that they were entitled only to Rs. 11040, and offered that sum. Not satisfied the plaintiffs brought a Small Cause Court suit on the 22nd August 1925 for ....

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....t and not in tort and it has been held that Section 363 of the Bengal Municipal Act. 1884, which does not differ from Section 377 of the Bihar and Orissa Municipal Act, 1922, does not cover cases of contract. I would refer to the judgement of Richardson, J., in Panchanan Chatterjee v. Santosh Kumar Base 65 Ind. Cas. 105 in which the position was precisely the same as it is in the present case. In ....