Whether civil court can entertain suit in respect of Municipal Corporation even if its jurisdiction is specifically barred?

 In Shiv Kumar Chadha (supra) the Supreme Court in paragraph 28 of its decision observed thus:

"In spite of the bar prescribed under sub sections (4) and (5) of Section 343 and Section 347-E of the Corporation Act over the power of the courts, under certain special circumstances, the court can examine, whether the dispute falls within the ambit of the Act. But once the court is satisfied that either the provisions of the Act are not applicable to the building in question or the basic procedural requirements which are vital in nature, have not been followed, it shall have jurisdiction, to enquire and investigate while protecting the common law rights of the citizens."

Bombay High Court

Kishor S/O Ramalu @ Rambhau Telang vs The Municipal Commissioner, ... on 20 January, 2015

Bench: A.S. Chandurkar 

Read full Judgment here:Click here

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