| Case ID |
f6105d8e-7d1d-4e94-897c-dd0241d3188d |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 6-D and 7-D of 1957 |
| Decision Date |
May 21, 1958 |
| Hearing Date |
May 20, 1958 |
| Decision |
The Supreme Court dismissed the appeals by the Chittaranjan Cotton Mills Ltd. and the Dhakeshwari Cotton Mills Ltd., affirming that the Government acted in an administrative capacity while disposing of objections under section 7 of the Bengal Municipal Act. The Court found that the objectors had no right to a hearing or to present evidence, and the final decision by the Government was deemed administrative, not quasi-judicial. The Court noted that the notifications under sections 6 and 8 were valid and that the objectors had the burden to prove their claims, which they failed to do. |
| Summary |
This case revolves around two civil appeals regarding the legality of a notification issued by the Bengal Government under the Bengal Municipal Act. The appellants, two cotton mills, challenged the inclusion of their areas into the Narayanganj Municipality, arguing that the Government's actions were mala fide and that they had not been given the opportunity to be heard. The Supreme Court of Pakistan held that the objections were considered in an administrative capacity, and the Government was not required to provide a hearing or consider the objections in a quasi-judicial manner. The Court emphasized that the statutory provisions did not grant the objectors the right to a hearing, and thus the appeals were dismissed, reinforcing the administrative nature of the proceedings under the Bengal Municipal Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Province of East Pakistan,
Narayanganj Municipality
|
| Judges |
MUHAMMAD MUNIR, C.J.,
A. R. CORNELIUS,
AMIRUDDIN AHMAD,
S. A. RAHMAN, JJ
|
| Lawyers |
U. K. Roy, Senior Advocate, Supreme Court,
S. C. Bose, Advocate, Supreme Court,
R. R. Guha, Senior Advocate, Supreme Court,
S. C. Sen, Advocate, Supreme Court,
A. B. Mahmud Hussain, Advocate, Supreme Court,
Hamidul Haq Choudhry, Senior Advocate, Supreme Court,
S. R. Pal, Advocate, Supreme Court,
Abdul Hye, Advocate, Supreme Court
|
| Petitioners |
THE CHITTARANJAN COTTON MILLS LTD.,
THE DHAKESHWARI COTTON MILLS LTD.
|
| Respondents |
THE PROVINCE OF EAST PAKISTAN,
THE COMMISSIONERS, NARAYANGANJ MUNICIPALITY
|
| Citations |
1959 SLD 362,
1959 PLD 430
|
| Other Citations |
Not available
|
| Laws Involved |
Bengal Municipal Act
|
| Sections |
7,
8
|