1. Appeal concerning the constitutional validity and interpretation of Section 217, sub-sections (2), (3), and (4) of the Bombay Municipal Corporation Act, 1888. (Para 1 )
Back
Next 
1996 Supreme(SC) 1045
SUPREME COURT OF INDIA
M.K.Mukherjee : M.M.Punchhi : N.P.Singh : S.Saghir Ahmad
Govind Parameswar Nair
Versus
Municipal Corporation Of Greater Bombay
Case No. : .
Date of Decision : 7/10/96
The term "entertained" in the context of a municipal appeal refers to the stage when the judge first gives directions to the parties, occurring after the filing of the appeal, issuance of notices, and submission of written statements.
Headnote:(A) Municipal Corporation Act - Section 217(2), (3) and (4) - Interpretation of the term "entertained" - The stage at which an appeal is "entertained" is after the appearance of the parties, filing of the written statement, and completion of other preliminaries - It is the stage when the Judge for the first time gives directions in the matter to the parties. (Paras 3, 4, 5)
Facts of the case:
An appeal was filed against a judgment upholding the constitutional validity of specific sub-sections of a Municipal Corporation Act. The appellant sought an interpretation of the term "entertained" in the Act consistent with a precedent set in a similar provision of another Municipal Corporation Act.
Findings of Court:
The court found that the interpretation provided by the lower court regarding the term "entertained" was correct. It refers to the stage when the appeal is first taken up for consideration and the Judge gives directions, which occurs after the filing of the memorandum of appeal, issuance of notices, and filing of written statements.
Issues: The primary issue was the correct interpretation of the expression "entertained" as used in Section 217(2) of the Municipal Corporation Act.
Ratio Decidendi: The court held that the interpretation of "entertained" must refer to the stage when the Judge first gives directions to the parties after preliminary procedures are completed, aligning this interpretation with established precedents for similar statutory provisions.
Result: Civil appeal disposed of.
Legal Category Hierarchy
Table of Contents
2. Request for interpretation of Section 217 of the Maharashtra Act consistent with the interpretation of Section 170(6) of the Delhi Municipal Corporation Act, 1957. (Para 3 )
3. The term entertained refers to the stage when the judge first gives directions to parties after the completion of preliminaries, notices, and filing of written statements. (Para 3 , 4 )
4. The interpretation of the term entertained in Section 217(2) of the Maharashtra Act is consistent with the interpretation of Section 170(6) of the Delhi Act. (Para 5 )
5. Appeal disposed of and the High Court judgment upholding the constitutional validity and interpretation of the statutory provisions is affirmed. (Para 5 , 6 )
6. What is the legal meaning of the term entertained under Section 217(2) of the Bombay Municipal Corporation Act, 1888?
The term entertained refers to the stage when the judge for the first time gives directions to the parties, which occurs after the appearance of parties, filing of written statements, and completion of other preliminaries. (Para 3 , 4 )
7. How is Section 217 of the Maharashtra Act interpreted in relation to the Delhi Municipal Corporation Act, 1957?
Section 217 of the Maharashtra Act is interpreted in a manner substantially in accord with the interpretation given by the court to Section 170(6) of the Delhi Municipal Corporation Act, 1957. (Para 2 , 5 )
(1) THIS appeal is directed against the judgment of the Bombay High Court upholding the constitutional validity of sub-sections (2), (3) and (4) of Section 217 of the Bombay Municipal Corporation Act, 1888 as amended by the Maharashtra Municipal Corporation Amendment Act, 1975.
(2) A three-Judge Bench of this Court in Shyam Kishore v. Municipal Corpn. of Delhi has upheld the constitutional validity of Section 170(&) of the Delhi Municipal Corporation Act, 1957, which is almost in similar terms as Section 217 of the Maharashtra Act. Mr P.H. Parekh, learned counsel for the appellant, therefore, does not press the attack on the ground of vires.
(3) MR Parekh has, however, contended that Section 217 of the Maharashtra Act be given the same interpretation as was given by this Court to Section 170(6) of the Delhi Act. Mr Nariman, learned counsel appearing for the Corporation has invited our attention to the impugned judgment of the High Court whereunder the expression "entertained" in Section 217(2) of the Maharashtra Act has been interpreted in the following words:
"OUR section, however, uses three different expressions, namely, filed or brought, entertained and heard and decided. These three expressions must, therefore, necessarily refer to three different stages and the stage to which the word entertained refers must be the stage when the appeal is first taken up for consideration. According to the procedure followed by the Chief Judge, after a memorandum of appeal is filed notices are issued to the municipal corporation, the corporation filed its written statement and after the other preliminaries are completed the appeal is heard and decided. It would, therefore, be the stage when the Chief Judge for the first time gives directions in the matter to the parties."
(4) IT is thus obvious that the stage, at which the appeal is "entertained" is much after the appearance of the parties, filing of the written statement and completion of other preliminaries. It is the stage when, thereafter, the Judge for the first time gives directions to the parties.
(5) THE interpretation given by the High Court, quoted above, is substantially in accord with the interpretation given by this Court to Section 170(6) of the Delhi Act. We, therefore, affirm the same.
(6) THE civil appeal is disposed of in the above terms. No costs.
