TMI Blog1951 (6) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... tta Municipal Act, at the ordinary rates for the supply of water for non-domestic purposes. The quarterly charge for water for non domestic purposes was ₹ 312 and payment was demanded upon that basis. The owners protested and refused to pay for water at the increased rates, The charges for water mounted up and on or about 27th November 1948, the Corporation cut off the water supply of this market. Demands were made to the Corporation to restore the connection, but the latter refused to do so and this application under Section 45, Specific Belief Act was filed in this Court; on 15th December 1948. A Rule was issued and Banerjee J. made an interim order on the Corporation to restore the connection without prejudice to the rights and contentions of the parties when the matter would come up for hearing. 3. Before Banerjee J., it was contended by the Corporation that the supply of water to markets was supply of water for non-domestic purposes and therefore the increased charges were permissible and as the owners had refused to pay these charges the Corporation were entitled to cut off the water supply. On behalf of the petitioner, it was contended that the supply of water was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 45, Specific Belief Act against a person holding a public office irrespective of whether he resides or carries on business within its local jurisdiction provided the act to be done or forborne by him is one which it is incumbent on him in his public character to perform within the Court's territorial limits. Section 45 does not empower, the Court to make an order requiring an act to be done or forborne outside its local jurisdiction even when the person who is required to do or forbear from doing the act is within the jurisdiction. That being so, the Court could not order a person residing within the jurisdiction to deliver certain goods lying at Chittagong outside the jurisdiction. 9. This matter has been finally decided by their Lordships of the Privy Council in the recent case of Sree Meenakshi Mills, Limited v. Provincial Textile Commissioner, Madras, 76 Ind. App. 191, a decision which was given after Binerjee J. had heard this case. Their Lordships held that an application by a company under Section 45, Specific Belief Act, 1877, asking the Court to direct the respondent to desist from seizing yarn supplied to the weavers at or around Madura or Bajapalayam and to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has no jurisdiction to make such an order the application must fail on this preliminary ground. 12. Banerjee J. dismissed the application on the ground that this Court should not exercise its discretion in favour of the petitioner because the petitioner had another specific and adequate legal remedy. 13. By the terms of Section 45 (d), Specific Belief Act, the Court should only make an order provided the applicant had no other specific and adequate legal remedy. Banerjee J. pointed out that the applicant could have filed a suit in Alipore or in this Court for a mandatory injunction compelling the Corporation to restore the water connection. That such a suit would lie I think is clear from the terms of Section 538, Calcutta Municipal Act, and before us it was not contended that such a suit would not lie. Banerjee J. dealt with this matter in some detail, but as his decision on this point has not been questioned it is unnecessary to deal any further with the matter. 14. As a suit would lie for the precise relief asked for in this application under Section 45, Specific Relief Act, Banerjee J. held that the appellant had another specific and adequate legal remedy and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct being done or forborne. 20. The word specific appears in the title of the Act namely, The Specific Relief Act and the preamble of that Act is in these terms: Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. 21. It will be seen, therefore, that the Act deals with relief obtainable in suits and the relief is given generally by way of a suit and what the Act deals with is specific relief generally and that any particular form of relief given by any particular statute and to particular persons. 22. The phrase specific relief is defined in Section 5 of the Act. That section is in these terms: 'Specific relief is given' (a) by taking possession of certain property and delivering it to claimant; (b) by ordering a party to do the very act which he is under an obligation to do; (c) by preventing a party from doing that which he is under an obligation not to do; (d) by determining and declaring the rights of parties otherwise than by an award of compensation; or (e) by appointing a receiver. 23. In the Act the phrase specific relief, therefore, is used to cover ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Bank of England (1870) 2 Dougl. 524 99 E. R. 334. At page 335 of 99 E R. Lord Mansfield observed : When there is no specific remedy, the Court will grant a mandamus that justice may be done. But where (as in this case) an action will lie for complete satisfaction equivalent to a specific relief, and the right of the party supplying is not dear, the Court will not interpose the extraordinary remedy of a mandamus . 30. It is clear from these words that a person can be said to have a specific remedy if by an action he can obtain complete satisfaction, or in other words, specific relief. If he can obtain such satisfaction, particularly when the case is not clear no mandamus should be granted. I may state that the question whether the supply of water to this market was for domestic or non-domestic purposes is by no means clear and the learned Judge dealt with the question in considerable detail. It therefore appears to me that the present case is exactly covered by the observations of Lord Mansfield to which I have made reference. 31. Reliance was placed by the appellant upon another decision of Lord Mansfield in Rex v. Barker (1762) 97 E. R. 823. Lord Mansfield observed : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granting of the writ, 34. In the case of In re, Nathan (1884) 12 Q. B. D. 461 the Court of appeal had to consider when a mandamus should be issued. At p. 478 Bowen L. J. observed: What is the origin of the right that any man his to ask the Court for a writ of mandamus? A writ of mandamus, as everybody knows, is a high prerogative writ, invented for the purpose of supplying defects of justice, By Magna Cbarta the Crown is bound neither to deny justice to anybody, nor to delay anybody in obtaining justice. If, therefore, there is no other means of obtaining Justice, the writ of mandamus is granted to enable justice to be done. The proceeding, however, by mandamus, is most cumbrous and most expensive; and from time immemorial accordingly the Courts have never granted a writ of mandamus when there was another more convenient, or feasible remedy within the reach of the subject. 35. It will be seen that according to Bowen L. J., if there was another convenient or feasible remedy the Court should not issue a mandamus because of the cumbrous and expensive nature of the proceedings to obtain a mandamus. 36. In Beg v. Leicester Guardians (1899) 2 Q. B. 632 Darling J. took the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r England and Wales (1897) 1 Q. B 407, Wright J. stated the rule as to the discretion of a Court to issue a mandamus rather more broadly, At p 413 he observed : On the second ground, also, it seems to me that the rule (for a mandamus) ought to be discharged, There is no doubt that in applications for a mandamus this Court has a discretion, except in cases where the refusal of the application would deprive a party of his legal rights without any other remedy existing whatever, 41. From a consideration of these authorities I think it is clear that the Courts in England would not grant a mandamus if the petitioner had an alternative remedy which was equally effectual, beneficial and convenient. That is the meaning which the Courts in England have given to the phrase another specific and adequate legal remedy. 42. It was contended that this rule of the Courts in England only applied if the alternative remedy was a remedy at common law and it did not apply if the alternative remedy was an equitable one. Writs of mandamus were sought for in the common law Courts and previous to the Judicature Acts the common law Courts only granted common law remedies. After the Judicature A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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