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december 1959

Supreme Court of India · 1959-12-02

CHATURBHAI M. PATEL vs THE UNION OF INDIA AND OTHERS

Citation / case number
SC 1957/60035
Court
Supreme Court of India
Petitioner
CHATURBHAI M. PATEL
Respondent
THE UNION OF INDIA AND OTHERS
Author
IMAM, SYED JAFFER,DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.
Bench
IMAM, SYED JAFFER,DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.

Judgment text excerpt

The Supreme Court upheld the validity of the Central Excises and Salt Act, 1944, specifically sections 6 and 8, ruling that the Central legislature has the competence to levy excise duty on tobacco under Entry 45 of List 1 of the Government of India Act, 1935. The Court found that the Act's provisions, while they may incidentally touch upon provincial matters under List 11, remain constitutionally valid as they are primarily concerned with excise duty collection. The petitioner's challenge to the Collector's orders was dismissed, affirming the legality of the excise duties imposed.

CHATURBHAI M. PATEL vs THE UNION OF INDIA AND OTHERS · Niyam