Supreme Court · 2008 INSC 1212 · Decided 22 October 2008
Rikhabsao Nathusao Jain v. CORPN. of the City of Nagpur & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1212 · [2008] 14 S.C.R. 1091
- Case number
- CIVIL APPEAL No. 6192/2008
- Decided
- 22 October 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
., -i City of Nagpur Corporation Act, 1948: s.286(5) - Juris- diction of District Judge - Respondent no.2 did not file any application seeking direction upon Corporation to consider c his application for grant of sanction of building plan - District Judge passed the order suo moto - not have inherent power to grant mandatory injunction and that too suo moto - Case remitted to District Judge to recon- sider the matter afresh. D ~. Respondent no.2 and appellant are neighbours. Re- :-- spondent no.2 allegedly submitted a plan for construe- tion of a building. It was not
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