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Showing posts with label municipal corporation. Show all posts
Showing posts with label municipal corporation. Show all posts
Sunday, 14 June 2026

Supreme Court: Injury caused Due To felling of Tree branch On Stationary Vehicle Not 'Motor Accident'; Can't Lodge MACT Claim

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 In the context of motor accidents the expressions "caused by" and "arising out of" are often used in statutes. Although...
Sunday, 2 June 2024

Supreme court: Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India

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 We say so because Article 300-A of the Constitution states that no person shall be deprived of his property save by authority of law. The w...
Saturday, 10 February 2024

Important Judgments on imposition of property tax by Municipal Corporation

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1)   Whether civil suit is maintainable to challenge assessment and levy of property tax on immovable property?   10. A Division Bench of th...
Sunday, 4 February 2024

What is duty of public authorities regarding waiver of notice issued U/S 80 of CPC or mandatory notice issued under Municipal Corporation Act?

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Thereafter various Single Judges of this Court have taken similar views, but there seems to be a slight departure by this Court, in Mohamed ...
Saturday, 9 September 2023

Delhi HC: Interest is compensatory in nature and is parasitic on the principal amount. The arbitrator is empowered to award interest despite Contractual restrictions

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The power of Arbitral Tribunal to award interest for all the three periods namely, pre-reference, pendente lite and post award, is settled, ...
Thursday, 7 September 2023

Whether the court should interfere in notice issued by Municipal Corporation for demolition of dilapidated structure?

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This Court has examined the notice dated 18.11.2020, issued by respondent Nos. 3 and 4. It prima facie does not appear to be issued in a mec...
Saturday, 29 July 2023

Whether UDCPR 2020 specify what area should be given to the members of the society?

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  According to them, this Rule does not say what area should be given to the members of the society except that it was mandatory that if the...

Whether a person can file second suit simply by filing withdrawal pursis in first suit?

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  Considering that the suit in question was beyond the pecuniary  jurisdiction the Application came to be filed for withdrawal of the procee...

Whether a person can seek De-Sealing Of Property By Cantonment Board, When Building Plan was not Sanctioned?

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 The afore extracted prayer No.(d) under Annexure P-3 itself would reveal that the writ petitioner had sought for de-sealing the property on...
Saturday, 1 July 2023

Whether any person other owner of immovable property can give valid notice U/S 127 of MRTP Act?

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  c] In the case of Ramchandra Shankar Joshi and others v. State of Maharashtra and others reported in MANU/MH/2180/2015 : 2016 (1) Mh LJ 76...

Whether the condition of attaching the documents of title with the purchase notice notice U/S 127 of MRTP Act is deemed to be waived by the Municipal Corporation if it has not replied to said notice?

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d] In the case of M/s. Gupta Loom Industries & Anr. v. The State of Maharashtra and Ors., reported in MANU/MH/3005/2015 : 2016 (6) ALL M...

Whether purchase notice U/S 127 of MRTP Act is invalid if documents of ownership are not annexed to said notice?

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Learned Advocate appearing for respondent No. 4 submits that the petitioners are not owners of the subject properties. They have not annexed...
Wednesday, 24 May 2023

Whether unauthorized construction of a person is compounded if offence as per Compounding Byelaws is compounded?

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The Act of 1973 does not contain any provision for compounding of constructions. However, there is a provision for composition of offences u...
Friday, 5 May 2023

Whether Municipal Corporation can permit Mall to utilize their Open Spaces for temporary ice-cream fest?

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 Having perused Regulation 27 and more particularly sub clause (1)(g)  (ii), we do not notice any restriction/embargo for the recreation are...
Tuesday, 4 April 2023

Whether Open space owned by the Municipality in front of the shopping complex can be used For Dharna Or Public Meetings?

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 The issue involved in this writ petition would then revolve around the question whether an open space in front of a Shopping Complex, in th...
Wednesday, 22 March 2023

Whether plaintiff must pay ad valorem court fees if he is challenging demand notice issued by municipal corporation for specific amount?

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 Suit R.C.S. No. 26 of 2021 has been filed challenging the notice dated 21.06.2021. By this notice a demand has been raised by the Municipal...

Whether the court can pass decree the suit or mould the relief on the basis of reneged compromise?

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 In view of the aforesaid, a compromise pursis at Exh.13 duly signed by the parties to the appeal, was presented before the first appellate ...
Thursday, 2 March 2023

Whether building plan deemed to have been sanctioned must also satisfy the conditions laid down in the building bye-laws?

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 The statute provides as to how and in what manner an application for grant of sanction of building plan should be dealt with. Section 275(3...

Whether a person can claim that his construction is authorized as per deemed permission if his construction is on open space?

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 Deemed permission to an application under section 44 of  MRTP Act can apply only to cases where permission is otherwise capable of sanction...
Sunday, 26 February 2023

Whether the court can permit demolition of some part of religious places for the purpose of road widening?

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  Thus, in the above decision the Court holds that if such places of worship are taken away for the purposes of carrying out the expansion o...