TMI Blog1984 (1) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... e is directed against an interlocutory order dated August 25, 1983, passed by the Calcutta High Court restraining the Siliguri Municipality, the appellant herein, from recovering a graduated consolidated rate on the annual value of the holdings in terms of the amended provisions in ss. 123 and 124 of the Bengal Municipal Act, 1932, as amended by the Bengal Municipal (Amendment) Act, 1980. We are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e they ultimately succeed at the conclusion of the proceedings. This object can be attained by requiring the body or authority levying the impost to give an undertaking to refund or adjust against future dues, the levy of tax or rate or a part thereof, as the case may be, in the event of the entire levy or a part thereof being ultimately held to be invalid by the court without obliging the taxpaye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, supplies have to be purchased and salaries have to be paid. The grant of an interlocutory order of this nature would paralyze the administration and dislocate the entire working of the municipality. It seems that these serious ramifications of the matter were lost sight of while making the impugned order. We will be failing in our duty if we do not advert to a feature which causes us dismay a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stressing the need for self-discipline on the part of the High Court in passing interim orders without entering into the question of amplitude and width of the powers of the High Court to grant interim relief. The main purpose of passing an interim order is to evolve a workable formula or a workable arrangement to the extent called for by the demands of the situation keeping in mind the presumptio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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