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Mrf Ltd vs Corporation Of Kochi on 18 March, 2020

15. While agreeing with the proposition of law projected by the counsel the petitioner relying on the judgments of this Court in Jomi C. Nidheeri v. Elanji Grama Panchayat and others (supra) and Krishnan Nair K. and another v. Secretary, Corporation of Thiruvananthapuram (supra) that the Tribunal for Local Self Government Institutions is competent to adjudicate issues before it on merit, I find no reason to interfere with Ext.P16 order of the Tribunal. This is due to the fact that all WP(C) No.26867 OF 2010(G) 13 the materials and facts which are relevant to make a fair assessment, were not before the Tribunal, in spite of Ext.P10 Commission Report and Ext.P11 assessment list produced by the petitioner though those documents would be of great help to the competent authorities in determining the property tax that can be levied on the building in question.
Kerala High Court Cites 6 - Cited by 0 - N Nagaresh - Full Document

Noorjahan vs Kalamassery Municipal Council on 19 December, 2019

4. The learned counsel for the petitioner would rely on Rule 25 of the Rules and contend that the Tribunal has the power to regulate its procedure and that the contention that an application for local inspection cannot be considered is completely misconceived. Reliance is also placed on the provisions of 271 S (3) of the Kerala Panchayat Raj Act and it is contended that there is no express prohibition against W.P.(C).No.16952/14 4 issuing a commission for local inspection. The decision of a Division Bench of this Court in Jomi C.Nidheeri v. Elanji Grama Panchayat [2007 (2) KLT 345] is relied on to contend that the Appellate Tribunal is vested with ample powers to hear appeals on merit and the power is not restricted to inspection of procedural matters only. It is stated that powers that are not expressly withheld should be presumed to exist.
Kerala High Court Cites 13 - Cited by 0 - A Sivaraman - Full Document

Red Roses Public School vs Reshmawati & Anr. on 15 October, 2019

In our view, looking to the provision of the Section 11 of the Delhi School Education Act, which is pari-materia with Section 271 S of the Kerala Panchayat Raj Act, 1994, the aforesaid decision in Jomi C. Nidheeri (supra) is useful for interpretation of the scope of the power of the Delhi School Tribunal while dealing with an appeal. Since, in the present case, the Delhi School Tribunal has not examined the appeal of the respondent No. 1 on merits, we are inclined to set aside the impugned order passed by the learned Single Judge, as also the earlier order passed by the Delhi School Tribunal dated 27.08.2015, and to remand the case back to the Tribunal for hearing of the appeal preferred by respondent No. 1 on all aspects, except the aspects of bias and non-compliance of Section 8(2) of the Delhi School Education Act. These two aspects stand concluded by our decision.
Delhi High Court Cites 19 - Cited by 3 - V Sanghi - Full Document
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