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Municipal Council, Ratlam vs Shri Vardhichand & Ors on 29 July, 1980

(22) A question very much akin to the question in nand arose in Ratlam Municipality v. Vardhichand, .(3) "The statutory setting being thus plain the municipality cannot extricate itself from Its responsibility. Its plea is not that the facts are wrong but that the law is not right because the municipal funds being insufficient it cannot carry out the duties under Section 123 of the Act. . . . The pica of the municipality that notwithstanding the public nuisance financial inability validity exonerates it from statutory liability has no juridical basis .... Likewise Section 123 of the Act has no saving clause when the municipal council is penniless. Otherwise, a profligate statutory body or pachyderm governmental agency may legally defy duties under the law by urging in self-defense a self-created bankruptcy or perverted expenditure budget. That can-not be."
Supreme Court of India Cites 10 - Cited by 212 - V R Iyer - Full Document
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