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1991 Supreme(Del) 64

LEELA SETH, P.N.NAG, V.B.BANSAL
SHYAM KISHORE – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates Appeared:
B.B.JAIN, M.P.NANDRAJYOG, MUKUL ROHTAGI, R.B.DATAR, R.P.GUPTA, VIPIN SANGHI

P. N. Nag, J.

( 1 ) THESE writ petitions raise important and interestingquestions of law, which can be formulated as follows ;

(1) Whether the deposit of tax amount under Section 170 (b) of thedelhi Municipal Corporation Act, 1937 (herdnafier referred to as the Act ) is a condition precedent for hearing or determination ofthe appeal but also for filing of memorandum of appeal ? (2) Whether the District Judge baa a discretion to grant stay of thedisputed amount or dispense with the condition of predeposit ofthe amount in appeal, with or without condi iion, in the office ofcorporation ? Further what is the amount in deposit in appeal ? (3) Incuse it is held that the deposit tax amount under Section,170 (b) of the Act is a condition precedent for hearing or determination of the appeal and the District Judge has no discretion. to grant stay of the deposit of tax amonot and dispense with thecondition of pro-deposit of amount with or without conditions,whether such provision is ultra vires ?

( 2 ) IN Civil Writ Petition No. 148/89 the matter was referred by thedivision Bench of this Court on 17/01/1989 to the Full Bench forthe reason that certain other writ petitions on such questions have



























































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