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1995 (4) TMI 298
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....ss of the Full Bench decision. The question involved relates to the construction of Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1956 (for short the "M.P. Act") which reads as under:- "The annual value of any building shall notwithstanding anything contained in' any other law for the time being in force be deemed to be the gross annual rent at which such building, together with its appurtenances and any furniture that may be let for use or enjoyment therewith might reasonably at the time of assessment be expected to be let from year to year, less any allowance of ten percent for the cost of repairs and for all other expenses necessary to maintain the building in a state to command such gross annual rent." (emphasis ....
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....taken by the Division Bench. The Full Bench has overruled the decision of the Division Bench. In our opinion, the Full Bench was right in its view that the decision of this Court in Ratna Prabha (supra) binds the High Court. There is no ground to entertain this special leave petition which challenges the decision of the Full Bench of the High Court. 4.The only, direct decision of this Court on the construction of Section 138(b) of the M.P. Act, with which we are concerned, is Ratna Prabha (supra). It referred to the earlier decision in The Corporation of Calcutta v. Smt. Padma Debi and Others, 1962 (3) SCR 49 and distinguished it on the ground that Section 127(a) of the Calcutta Municipal Corporation Act, 1923 on which the decision in Pa....
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.... fix its reasonable rent without regard to the provisions of the Madhya Pradesh Accommodation Control Act, 1961. This view will, in our opinion, give proper effect to the non-obstante clause in clause (b), with due regard to its other provision that the letting value should be reasonable ". We have gone through the decision in Padma Debi's case (supra). There the premises were on rent and section 127(a) of Calcutta Municipal Corporation Act, 1923, did not contain a non-obstante clause. That the section provided, inter alia, was that the annual value shall be deemed to be the gross annual rent at which the land or building might at the time of assessment "reasonably be expected to let from year to year. " This Court examined the significa....
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....ing a similar provision in the Punjab Municipal Act, 1911 referred to the decision in RatnaPrabha (supra) and distinguished it on the ground that there was n non-obstante clause in the relevant provision of the Punjab Municipal Act and therefore, the decision in Ratna Prab (supra) had no application. No doubt, i doing so, a reservation was expressed about the view taken in Ratna Prabha (supra) on the basis of the existence of the non-obstante clause in Section 138(b) of the M.P. Act but that cannot have the effect of overruling the decision of this Court in Ratna Prabha (supra) inasmuch as a later co-equal Bench could not overrule it and could only refer it for reconsideration to a larger Bench, which it did not do. 6. In Dr. Balbir Sing....
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....7 (1) SCR 10 1 7 and, therefore, none of the later decisions could be so read to have that effect. The Division Bench of the High Court in 1989 MLJ 20 was clearly in error in taking the view that the decision of this Court in Ratna Prabha (supra) was not binding on it. In doing so, the Division Bench of the High Court did something which even a later co-equal Bench of this Court did not and could not do. The view taken by the Division Bench of the High Court in 1989 MPLJ 20 proceeds on a total misunderstanding of the law of precedents and Article 141 of the Constitution of India, to which it referred. But for the fact that the view of the Division Bench of the High court proceeds on a misapprehensions of the law of precedents and Article 14....