Supreme Court of India · 1988-09-12
MUNICIPAL CORPORATION OF DELHI vs GURNAM KAUR
- Citation / case number
- SC 1988/70778
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPORATION OF DELHI
- Respondent
- GURNAM KAUR
- Author
- A.P. SEN
- Bench
- A.P. SEN
Judgment text excerpt
The Supreme Court held that the High Court's direction restraining the Delhi Municipal Corporation from removing encroachments on public land was contrary to Sections 320 and 322 of the Delhi Municipal Corporation Act, 1957. The Court emphasized that the precedential value of a Supreme Court direction based on consent should not be treated as binding precedent. The Court clarified that obiter dicta are not binding and that the principle upon which a case is decided is what holds authority.