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    <title>1989 (7) TMI 97 - Supreme Court</title>
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    <description>Power to constitute or alter a municipal area by notification under section 3 of the Bombay Provincial Municipal Corporations Act, 1949 was treated as conditional legislation. Once the draft notification was published, objections were received and considered, and the final notification was issued, the statutory procedure stood satisfied. In such a legislative process, no implied right to an oral hearing or application of audi alteram partem arises unless expressly provided by statute. The Court also stated that the High Court could not disregard a binding co-ordinate Bench ruling or substitute its view for the Government&#039;s legislative choice on inclusion or exclusion of areas.</description>
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    <pubDate>Thu, 13 Jul 1989 00:00:00 +0530</pubDate>
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      <title>1989 (7) TMI 97 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=40114</link>
      <description>Power to constitute or alter a municipal area by notification under section 3 of the Bombay Provincial Municipal Corporations Act, 1949 was treated as conditional legislation. Once the draft notification was published, objections were received and considered, and the final notification was issued, the statutory procedure stood satisfied. In such a legislative process, no implied right to an oral hearing or application of audi alteram partem arises unless expressly provided by statute. The Court also stated that the High Court could not disregard a binding co-ordinate Bench ruling or substitute its view for the Government&#039;s legislative choice on inclusion or exclusion of areas.</description>
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      <pubDate>Thu, 13 Jul 1989 00:00:00 +0530</pubDate>
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