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march 1969

Supreme Court of India · 1969-03-24

KHEMCHAND DAYALJI & CO. vs MOHAMMEDBHAI CHANDBHAI

Citation / case number
SC 1966/60341
Court
Supreme Court of India
Petitioner
KHEMCHAND DAYALJI & CO.
Respondent
MOHAMMEDBHAI CHANDBHAI
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the jurisdiction to try suits under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, is conferred upon Small Cause Courts by virtue of Section 28 of the Act. The Court ruled that Rule 5, framed under Section 49 of the Act, is valid and empowers the Small Cause Court to issue distress warrants for recovery of municipal taxes under Section 53 of the Presidency Small Cause Courts Act, 1882. The appeal was dismissed, affirming the lower court's decision to allow the issuance of a distress warrant for municipal taxes.

KHEMCHAND DAYALJI & CO. vs MOHAMMEDBHAI CHANDBHAI · Niyam