TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the Commissioner's functions under sections 105B to 105E of the Bombay Municipal Corporation Act, 1888 could validly be delegated to a municipal officer subject to the Commissioner's control and revision.
Analysis: Section 68, as amended, expressly included sections 105B to 105E within the Commissioner's delegable powers. The provision had to be reasonably construed in the setting of the later-added Chapter VI-A, and the delegation of judicial or quasi-judicial functions was therefore not excluded merely because the section used language ordinarily apt for administrative matters. The expressions "under the Commissioner's control" and "subject to his revision" could not be read as authorising the Commissioner to substitute his own decision for that of the delegate in individual cases. Properly construed, they referred only to administrative supervision over the manner, class, timing, and working of the delegated function. Since the delegate's order operated as the Commissioner's order and was independently appealable, the delegation was effective and the impugned decision could not be invalidated on the ground of want of jurisdiction.
Conclusion: The delegation was valid, and the officer's order under section 105B was upheld.
Ratio Decidendi: Where a statute expressly permits delegation of quasi-judicial functions, words such as "control" and "revision" in the delegation clause are confined to administrative supervision and do not authorise interference with the delegate's independent decision on the merits.
TaxTMI 
TaxTMI 
