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Tuesday, September 13, 2022

What business can be transacted under the head "any other item"

The decision in M.I. Builders (P) Ltd. v. Radhey Shyam Sahu [M.I. Builders (P) Ltd. v. Radhey Shyam Sahu, (1999) 6 SCC 464] , to the effect that an important issue cannot be decided under the residuary agenda item "any other item", will not also go to the rescue of the complainant companies, since the matter in M.I. Builders [M.I. Builders (P) Ltd. v. Radhey Shyam Sahu, (1999) 6 SCC 464] concerned the permission granted by the Municipal Corporation to a builder to construct an underground shopping complex in a park. The Court found the decision taken by the Mahapalika to be in clear breach of Sections 91 and 119 of the U.P. Municipal Corporation Act, 1959.

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