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1 - 10 of 12 (0.19 seconds)The Code of Civil Procedure, 1908
Section 146 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Section 478 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
The Delhi Municipal Corporation Act, 1957
Advert Communications And Another vs The Municipal Corporation Of Delhi on 1 August, 1996
5. The defendant is not only contesting the suit and IA No. 1736/96 but has also filed an application 8460/96 under O. 39, R. 4 CPC for vacation of the ad interim stay granted on 20th February, 1996. According to the defendant Corporation the present suit is not maintainable against the defendant for want of service of statutory notice under Section 478 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'The Act'). The suit which is based on deemed permission is not maintainable inasmuch as there is no such deeming provision in Section 143 of the Act or the relevant Bye-Laws framed thereunder. The plaintiff does not have the mandatory permission of the Commissioner of MCD under Section 143 of the Act. The issues raised in the said suit are no longer res integra for the matter has been decided in Suit No. 1722/96 in Advert Communications vs. M.C.D. and MCD Vs. Pioneer publicity 1997 1 AD (DELHI) 711.
Section 151 in The Code of Criminal Procedure, 1973 [Entire Act]
Harsh Gupta And Ors. vs New Delhi Municipal Committee And Ors. on 24 July, 1995
Fifthly in terms of Section 11 of the Delhi Urban Areas Commission Act, 1973 and in terms of judgment in Harish Gupta & Ors. Vs. N.D.M.C., 1995 III AD (DELHI) 1001 proposal for hoarding has to be placed before the Delhi Urban Areas Commission Act and no permission has been sought. Consequently the plaintiff has got no cause of action to file the present suit.
Municipal Corporation Of Delhi vs Pioneer Publicity Corporation on 1 January, 1997
5. The defendant is not only contesting the suit and IA No. 1736/96 but has also filed an application 8460/96 under O. 39, R. 4 CPC for vacation of the ad interim stay granted on 20th February, 1996. According to the defendant Corporation the present suit is not maintainable against the defendant for want of service of statutory notice under Section 478 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'The Act'). The suit which is based on deemed permission is not maintainable inasmuch as there is no such deeming provision in Section 143 of the Act or the relevant Bye-Laws framed thereunder. The plaintiff does not have the mandatory permission of the Commissioner of MCD under Section 143 of the Act. The issues raised in the said suit are no longer res integra for the matter has been decided in Suit No. 1722/96 in Advert Communications vs. M.C.D. and MCD Vs. Pioneer publicity 1997 1 AD (DELHI) 711.
Lahori Mal And Anr. vs New Delhi Municipal Committee And Ors. on 15 October, 1993
7. It is further submitted that in Civil Writ petition No. 3762 of 1993 titled M/s. Lahori Mal and Anr. Vs. N.D.M.C. & Ors. it was held that no injunction against demolition of advertisements/hoardings put up without permission of the Municipal Authority should be granted by Civil Court. The permission from private person only enables an advertiser to use those premises for erection of an advertisement which can be done only after obtaining permission from M.C.D. and by following provisions of D.M.C. Act and the Bye-Laws framed thereunder. The hoardings have been displayed at private site under Bye-Laws 5 & 6 of the Old Advertisement Bye-Laws, 1959 and the display of hoardings is patently illegal and contrary to law. The plaintiff has neither sent any letter, N.O.C., site plan, advertisement tax nor has taken any prior permission of the M.C.d. before erection of the hoardings. The plaintiff being a violator of law deserve no relief from
this Court. On the basis of these very pleas application for vacation of the ad interim stay has also been moved.