Supreme Court · 1971 INSC 84 · Decided 18 March 1971

Ahmedabad Municipal Corporation of the City of Ahmedabad v. Hajj Abdulgafur Haji Hussenbhai

Court
Supreme Court of India
Citation
1971 INSC 84 · [1971] SUPP. 1 S.C.R. 63
Case number
CIVIL APPEAL No. 1161/1967
Decided
18 March 1971
Bench
VISHISHTHA BHARGAVA, I.D. DUA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 133(1)(c); Transfer of Property Act Section 100, 3

Headnote

Transfer of Property Act (4 of 1882), s. 100-App/icabi/ity to auction sales-Whether s. 141(1) of the Bombay Provincial Municipal Corporatiun Act, _1949, falls ·within the saving provision of s. 100, T P. Act-Constructive notice of existence of arrears of municipal taxes-If and when can be vested in the receivers on its owner being adjudicat· ed an insolvent. Jn 1951, the receivers secured necessary orJers frotn court for paying off municipal taxes then due, but the receivers did not pay and the municipal corporation did not also pursue the matter. Jn 1954, the property

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