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1 - 10 of 13 (0.38 seconds)Section 115 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
The Delhi Municipal Corporation Act, 1957
Section 347B in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Section 478 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Section 347E in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Ganga Ram Hospital Trust vs Municipal Corporation Of Delhi on 1 June, 2001
28. The next ground of dismissing the suit was that present suit is
not maintainable before the Civil Court as the jurisdiction lies with ATMCD.
Ld. Trial Court was of the view that since plaintiff has already availed remedy
under Section 169 of DMC Act before ATMCD, therefore, the suit was not
maintainable and was barred under Section 169 of the DMC Act r/w Section
41(h) of the Specific Relief Act. The judgment which has been cited before
this Court i.e. Ganga Ram Hospital Trust v. MCD 92(2001) DLT 775 DB
was also cited before the Trial Court but the rulings therein did not find favour
with the Trial Court although Trial Court did not discuss as to how the said
ruling is not applicable to the present case.