- Case
- THE MUNICIPAL CORPORATION OF GREATER MUMBAI v. CENTURY TEXTILES AND INDUSTRIES LIMITED (Supreme Court of India, 07-01-2025)
- Law
- Constitution of India, Transfer of Property Act, Mumbai Municipal Corporation Act.
The City of Bombay Improvement Act, 1898: The judgment discusses the Act's purpose of improving Bombay by constructing sanitary dwellings (Para 26). Section 32B is mentioned, concerning applications by employers for Poorer Classes Accommodation Schemes (PCAS) (Para 2.1, 27, 28). Sections 32B to 32I are reproduced in the judgment (Para 27). Section 32G is discussed in relation to the execution of the lease (Para 2.3, 31). Section 32I(2) is referred to, concerning the vesting of rights when no default is made in the lease conditions (Para 11, 18). Section 32C discusses land on which dwellings may be constructed (Para 27). Section 32F discusses deposit and notice (Para 29). Section 32H discusses provisions as to lease (Para 32). Section 32I discusses default and determination of lease (Para 33). Section 32I(2) is discussed in relation to the vesting of rights when no default is made in the lease conditions (Para 11, 18). Section 32I(2) is discussed in relation to the vesting of rights when no default is made in the lease conditions (Para 11, 18). Section 32I(2) is discussed in relation to the vesting of rights when no default is made in the lease conditions (Para 11, 18).
The Bombay Improvement Trust Transfer Act, 1925: The judgment notes that this Act repealed the 1898 Act (Para 2.5, 11, 28). Section 37(2) is mentioned, concerning applications for alteration of notified schemes (Para 2.5, 49). Section 48 is discussed as providing for lease conditions (Para 16, 28, 45, 46, 47, 52, 53, 60). Section 48(a) is discussed in relation to the lessee's obligation to maintain the premises (Para 7, 17, 20, 45, 46, 47, 52, 53, 60). Section 51 is discussed as dealing with lessee defaults and rights of conveyance (Para 11, 16, 18, 19, 20, 21, 28, 38, 41, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 65). Section 51(1) is discussed in relation to the Board's right to re-enter upon default (Para 11, 46). Section 51(2) is discussed in relation to the Board's obligation to convey the premises if no default is made (Para 7, 11, 16, 18, 19, 20, 21, 28, 38, 41, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 65). Section 5 is discussed in relation to the meaning of the word "premises" (Para 21).
Mumbai Municipal Corporation Act, 1888: Section 527 is discussed, requiring statutory legal notice as a precondition for filing a suit against the Corporation and setting a limitation period (Para 2.9, 6, 29, 41, 63). Section 3(gg) is mentioned, concerning the definition of "premises" (Para 21).
Transfer of Property Act, 1882: Section 108(q) is mentioned, concerning the lessee's right to re-possession, and its exclusion in the lease deed (Para 17).
Constitution of India, 1949: Article 226 is mentioned, concerning the power of High Courts to issue writs (Para 8, 9, 71).
General Principles of Law: The judgment discusses the principle of delay and laches in filing writ petitions, citing several cases where belated petitions were dismissed (Para 5, 6, 56, 57, 58, 59, 60, 61, 62, 63, 75). It also discusses principles of statutory interpretation, emphasizing harmonious construction and avoiding interpretations that render provisions otiose (Para 48, 49, 50, 51, 52, 60, 61, 62, 63). The concept of contracting out of statutory obligations is also touched upon (Para 7, 8, 16, 18).
