Supreme Court of India
Ratul Mahanta v. Nirmalendu Saha
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, it is clear that the High Court without taking note of these aspects of the matter has wrongly invoked the provisions contained in Order VII Rule 11 (d) of the Civil Procedure Code to reject the plaint, when in the instant facts there is neither express nor implied bar under any law.
Judgment, page 16
From the headnote
Municipal Corporation: Guwahati Municipal Corporation Act, 1971: ss. 341, 246, 247 and 248 – Bar of jurisdiction of civil court – Issue relating to a common drain between two private individuals residing within the limits of the Municipal Corporation – Held: Is not an issue regarding which a specific bar is contemplated against approaching the civil court for relief – ss. 246, 247 and 248 though referred to the ownership and the manner in which the drains connected to municipal drain are to be used and the Commissioner is given the authority to compel the owner of a drain to permit another…
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