A.ALAGIRISWAMI, A.N.RAY, D.G.PALEKAR, H.R.KHANNA, K.K.MATHEW, P.N.BHAGWATI, V.R.KRISHNA IYER
Maganlal Chaganlal Private: Parwatibai Pundalik Legad: Umar Habib: Bibi Batool: Parwatibai Pundalik Legad – Appellant
Versus
Municipal Corporation Of Greater Bombay: Principal Judge, City Civil Courts: J. R. Vimadalal: Enquiry Officer: Principal Judge, City Civil Courts – Respondent
Judgement
ALAGIRISWAMI, J.:- (On behalf of A.N. Ray, C.J., D. G. Palekar; K. K. Mathew JJ. and for himself) - These appeals and writ petitions relate to the legality of certain proceedings taken under Chapter V-A of the Bombay Municipal Corporation Act and the Bombay Government Premises (Eviction) Act 1955. Chapter V-A was introduced in the Bombay Municipal Act, 1888 by Maharashtra Act 14 of 1961. That chapter contains Sections 105A and 105B. According to the provisions of those sections the Commissioner in relation to premises belonging to or vesting in, or taken on lease by the corporation and the General Manager (also defined as the Commissioner) of the Bombay Electric Supply and Transport Undertaking in relation to premises of the corporation which vest in it for the purposes of that undertaking were granted certain powers of eviction in respect of unauthorised occupation of any corporation is defined as occupation by any person of corporation premises without authority for such occupation and includes the continuance in occupation by any person of the premises after the authority under which he was allowed to occupy the premises has expired, or has been duly determined Under Se
criticised and partly overruled : Northern India Caterers v. State of Punjab
considered : State of W. B. v. Anwar Ali
Suraj Mall Mohta v. A. V. Visvanatha Sastri
referred to : Shree Meenakshi Mills Ltd. v. A. V. Visvanatha Sastri
Lachmandas Kewalram Ahuja v. State of Bombay
referred to : M. Ct. Muthiah v. C. I. T.
relied on : A. Thangal Kunju Musaliar v. M. Venkitachalam Potti
considered : Kedar Nath Bajoria v. State of W. B.
Kangsari Haldar v. State of W. B.
Jyoti Pershad v. Administrator, Delhi
referred to : Ramakrishna Dalmia v. Justice Tendolkar
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