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september 1988

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.

MUNICIPAL CORPORATION OF DELHI vs GURNAM KAUR · Niyam