Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2019

Supreme Court of India · 2019-08-19

SOUTH DELHI MUNICIPAL CORPORATION vs M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC.

Citation / case number
SC 2016/4405
Court
Supreme Court of India
Petitioner
SOUTH DELHI MUNICIPAL CORPORATION
Respondent
M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC.
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court addressed the maintainability of civil suits concerning property tax disputes under the Delhi Municipal Corporation Act, 1957, specifically referencing Sections 9, 114-135, and 169-171. The Court held that a civil suit is maintainable if there is no express bar against it, emphasizing the need to assess whether the statutory remedy is onerous. The Division Bench's decision to remand the case for fresh consideration was upheld, allowing the learned Single Judge to reevaluate the jurisdictional issues based on the principles established in NDMC v. Satish Chand.

SOUTH DELHI MUNICIPAL CORPORATION vs M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC. · Niyam