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december 1990

Supreme Court of India · 1990-12-07

MUNICIPAL CORPORATION OF GREATER BOMBAY vs NEW STANDARD ENGINEERING CO. LTD.

Citation / case number
SC 1977/61692
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF GREATER BOMBAY
Respondent
NEW STANDARD ENGINEERING CO. LTD.
Bench
SHETTY, K.J. (J)

Judgment text excerpt

The Supreme Court held that the assessment of property tax under Section 154 of the Bombay Municipal Corporation Act, 1888, must consider the actual rent charged when the property is constructed under a government-subsidized housing scheme. The Court found that prior consultation with the Corporation is mandatory and failure to observe this requirement invalidates the assessment made under subsection (1) of Section 154. The Court set aside the High Court's decision, restoring the Small Causes Court's ruling that the rateable value should reflect the actual rentals recoverable by the Respondent Company.

MUNICIPAL CORPORATION OF GREATER BOMBAY vs NEW STANDARD ENGINEERING CO. LTD. · Niyam