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april 1962

Supreme Court of India · 1962-04-19

FIRM GULAM HUSSAIN HAJI YAKUB &SONS vs STATE OF RAJASTHAN

Citation / case number
SC 1960/115
Court
Supreme Court of India
Petitioner
FIRM GULAM HUSSAIN HAJI YAKUB &SONS
Respondent
STATE OF RAJASTHAN
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court ruled that the State Council of Sirohi lacked legislative power to impose customs duty on charcoal exports without the approval of the Board of Regency as mandated by Section 9 of the Regency Act for the Sirohi Minority Administration, 1947. The Court held that the order imposing the duty was invalid due to the absence of such approval, and thus the appellant was not liable to pay the customs duty. The High Court's decision was overturned, affirming the principle that legislative authority must be exercised collectively by the Board.

FIRM GULAM HUSSAIN HAJI YAKUB &SONS vs STATE OF RAJASTHAN · Niyam