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november 1962

Supreme Court of India · 1962-11-29

CITY OF NAGPUR CORPORATION vs JOHN SERVAGE PHILLIP & ANR.

Citation / case number
SC 1960/243
Court
Supreme Court of India
Petitioner
CITY OF NAGPUR CORPORATION
Respondent
JOHN SERVAGE PHILLIP & ANR.
Author
DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Bench
DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court ruled that under Section 58(s) of the City of Nagpur Corporation Act, 1948, the Corporation had the authority to send delegates to a health conference, as it was a matter likely to promote public health. The Court held that the decision on how to exercise this power was within the Corporation's discretion, and thus, the High Court's writ restraining the Corporation was erroneous. Additionally, the Court noted that even if the budget did not initially provide for the expenses, Section 88 allowed for budget alterations to accommodate such expenses.

CITY OF NAGPUR CORPORATION vs JOHN SERVAGE PHILLIP & ANR. · Niyam