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.