Supreme Court of India
Rikhabsao Nathusao Jain v. Corpn. of the City of Nagpur & Ors.
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What the Court ordered
We are of the opinion that the impugned judg- .. 4._ ment cannot be sustained and is set aside accordingly.
Judgment, page 23
From the headnote
i City of Nagpur Corporation Act, 1948: s.286(5) - Juris- diction of District Judge - Respondent no.2 did not file any application seeking direction upon Corporation to consider c his application for grant of sanction of building plan - District Judge passed the order suo moto - Held: District Judge does not have inherent power to grant mandatory injunction and that too suo moto - Case remitted to District Judge to recon- sider the matter afresh. ~. Respondent no.2 and appellant are neighbours. Re- :-- spondent no.2 allegedly submitted a plan for construe- tion of a building. It was not
Authorities it was built on
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