NAGPUR BENCH : NAGPUR v. A.P.M.C., Nagpur )
Case at a glance
Provisions considered
Judgment
Shri J.B. Kasat, Adv. for petitioners. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 28, 2010. The petitioner is a Local Authority and respondent A.P.M.C. filed S.C.S. No.187/2001 challenging its jurisdiction to assess the levy - property tax on properties in its market yard. In that suit, temporary injunction is operating against the petitioners. The petitioners filed an application under section 9-A in that matter on 1/1/2010 pointing out provisions of section 169 of City of Nagpur Corporation Act, 1948 alleging that levy and assessment of property tax can be questioned only in manner stipulated in sections 128, 130 and 164 thereof. The Appellate Court has framed an additional issue in this respect but has refused to decide it as preliminary issue after noticing that an interim order is operating since long and the suit is old one. In this view of matter and as respondent has questioned very locus of petitioners to assess and levy the tax, I am not inclined to 2 interfere in the writ jurisdiction. However, proceedings in civil suit are expedited and Trial Court is directed to decide the same as early as possible and in any case by 31st of January 2011. The petitioners/plaintiffs to communicate this order by filing appropriate affidavit before the Trial Court. JUDGE Tambaskar.
Questions this judgment answers
Which statutory provisions did this judgment involve?
City of Nagpur Corporation Act, 1948 — s. 169.
Which court decided this case, and when?
Bombay High Court, on 28 Jul 2010. The bench was B P DHARMADHIKARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.