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(1948) 2 MLJ 546 (PC)
PRIVY COUNCIL
Present : Lord Simonds, Lord Oaksey and Sir John Beaumont, JJ.
Case Number(s) : P.C. Appeal No. 48 of 1947.
Judgement Date :
Tuesday 15th of June 1948
| Governor-General in Council represented by the General Manager, South Indian Railway | .....Appellant(s) | | Versus | | | The Municipal Council, Madura, through its Commissioner | .....Respondent(s) |
Railways Act (IX of 1890), sections 11(3)(b) and 12 — Applicability — Railway company constructing culvert under railway line as accommodation work under section 11(1)(b), Railways Act, to take off overflow water from a tank — Tank and culvert within municipal limits — Culvert found subsequently insufficient to take off the entire water — Requisition by Provincial Government to Railway company to enlarge the culvert at its own cost as a further or additional accommodation work — Legality — Work done by Railway company under protest and without prejudice to its claim to be repaid its cost either by the Government or the Municipality — Right of Railway company to recover by suit the cost from the Municipality — Contract Act (IX of 1872), section 70 — Applicability.
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