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1 - 10 of 20 (0.33 seconds)Section 33 in The Companies Act, 2013 [Entire Act]
Section 230 in The Companies Act, 2013 [Entire Act]
Section 92 in The Mumbai Municipal Corporation Act, 1888 [Entire Act]
Section 92A in The Mumbai Municipal Corporation Act, 1888 [Entire Act]
Municipal Corporation Of Greater ... vs Abhilash Lal on 15 November, 2019
54. We are observed that the Section 35(1)(d) of the Code does not entitles a
Liquidator to grant sub-leases over properties not owned by the Corporate
Debtor and therefore Section 238 of the Code cannot be interpreted in a manner
that has the effect of overriding the Respondent No. 1 duty to enforce the
relevant Rules on how public lands are to be regulated. We have already noted
earlier that this is supported by a three-judge bench decision of the Hon'ble
Supreme Court in Municipal Corporation of Greater Mumbai vs. Abhilash La/,
(2020) 13 SCC 234, wherein the Hon'ble Supreme Court of India was
confronted with the question of whether, Section 238 of the Code would
override the ability of a public body to regulate its lands in accordance with
relevant statutory provisions. In answering this question in the negative, the
Hon'ble Supreme Court of India held: