Municipal Corporation Of Greater Mumbai Vs Vivek V. Gawde 2024 INSC 985 - Art. 226.227 Constitution - Civil Court Order - Writ Petition

Constitution of India - Article 226 - Orders passed by a civil court cannot be challenged in a writ petition under Article 226 of the Constitution. (Para 14)

Constitution of India - Article 227 - A mere wrong decision is not enough to attract the jurisdiction of the High Court under Article 227. (Para 18)

Mumbai Municipal Corporation Act, 1888 - Section 105H - Even in the absence of regulations being framed under section 105H of the Act, the proceedings for eviction can be continued by the Inquiry Officer by adhering to principles of natural justice. The said provision cannot be construed as placing an embargo on the Inquiry Officer to proceed until regulations were framed. Much of the utility in ensuring that public premises are made free of unauthorised occupants would be lost on such technical pleas based raised and examined on a provision of law which is not imperative in terms. (Para 34)

Limitation Act 1963 - Section 3- Mumbai Municipal Corporation Act, 1888 - Section 3, scope whereof is relatable to proceedings like suits, appeals and applications before judicial fora, could not have been attracted to eviction proceedings before the Inquiry Officer which, though obliging the Inquiry Officer to discharge quasi-judicial functions in course thereof, yet, are basically administrative in character. (Para 25)