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february 1962

Supreme Court of India · 1962-02-07

RAMA KRISHNA RAMANATH vs THE JANPAD SABHA, GONDIA

Citation / case number
SC 1956/149
Court
Supreme Court of India
Petitioner
RAMA KRISHNA RAMANATH
Respondent
THE JANPAD SABHA, GONDIA
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the terminal tax imposed by the District Council of Bhandara was validly continued by the retrospective amendment of clause (b) to the proviso of Section 192 of the C.P. and Berar Local Government Act, 1948. The Court clarified that Section 143(2) of the Government of India Act, 1935, does not grant plenary power to the Provincial Legislature regarding tax legislation but allows for the continuation of existing taxes. The amendment was deemed valid, affirming the Provincial Legislature's competence to enact the Amending Act of 1949.

RAMA KRISHNA RAMANATH vs THE JANPAD SABHA, GONDIA · Niyam