NDLI: South Delhi Municipal Corporation & Anr. Vs. M/s. Today Homes and Infrastructure Pvt. Ltd. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1957 Maintainability of civil suits Delhi Municipal Corporation Act Onerous remedy provided in the Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Delhi Municipal Corporation Act, 1957 (66 of 1957)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Delhi Municipal Corporation Act, 1957: Maintainability of civil suits in disputes pertaining to payment of tax under the Act – Held: Wherever a right or liability, not pre-existing in common law is created by a statute and that statute itself provides a machinery for enforcement of such right or liability, both the right/liability and the remedy having been created uno flatu and a finality is intended to the result of the statutory proceedings, then, even in the absence of an exclusionary provision the jurisdiction of the civil court is impliedly barred – Delhi Municipal Corporation Act, 1957 creates a liability for payment of tax – There is no pre-existing liability of tax under Common Law – Further, a remedy by way of an appeal against an order of assessment, before an appropriate forum or authority, is also provided by the same statute – Necessarily, where a party aggrieved by the decision of the authorities has to resort to the remedy provided under the Statute, civil courts’ jurisdiction is barred – S.171 gives finality to the orders passed by Municipal Taxation Tribunal, which shows the intendment of the legislature to exclude jurisdiction of civil courts – Jurisdiction – Code of Civil Procedure, 1908 – S.9.Delhi Municipal Corporation Act, 1957: Jurisdiction of civil courts, where exercisable – Held: The civil courts shall have jurisdiction to examine a matter in which there is an allegation of non-compliance of the provisions of the statute or any of the fundamental principles of judicial procedure – No jurisdictional error pleaded in the plaint. Delhi Municipal Corporation Act, 1957: Onerous remedy provided in the Act – Remedy provided by a statute not being adequate or efficacious remedy, is not a ground for maintaining a civil suit – However, Writ Petition under Article 226 is maintainable.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2019 INSC 916
Petitioner	South Delhi Municipal Corporation & Anr.
Respondent	M/s. Today Homes And Infrastructure Pvt. Ltd. Etc.
SCR	[2019] 10 S.C.R. 707
Judgement Date	2019-08-19
Case Number	6377

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