Supreme Court · 2019 INSC 916 · Decided 19 August 2019

South Delhi Municipal Corporation & ANR. v. M/S. Today Homes and Infrastructure PVT. LTD. ETC.

Court
Supreme Court of India
Citation
2019 INSC 916 · [2019] 10 S.C.R. 707
Case number
CIVIL APPEAL No. 6377/2019
Decided
19 August 2019
Bench
L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 9

Headnote

Delhi Municipal Corporation Act, 1957: Maintainability of civil suits in disputes pertaining to payment of tax under the Act - Held: Wherever a right or liability, not pre-existing in common law is created by a statute and that statute itself provides of such right or liability, both the right/liability and the remedy having been created uno flatu and a finality is intended to the result of the statutory proceedings, then, even in the absence of an exclusionary provision the jurisdiction of the civil court is impliedly barred - Delhi

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