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november 1962

Supreme Court of India · 1962-11-27

MAHARAJA SHREE UMAID MILLS LTD. vs UNION OF INDIA

Citation / case number
SC 1956/146
Court
Supreme Court of India
Petitioner
MAHARAJA SHREE UMAID MILLS LTD.
Respondent
UNION OF INDIA
Author
DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Bench
DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court ruled that the 1941 agreement between the Ruler of Jodhpur and the appellant, which exempted the appellant from excise duty and income-tax, did not constitute law under Article 295 of the Constitution of India. The Court held that the agreement was purely contractual and lacked the characteristics of law, thus the appellant was liable to pay the excise duty and income-tax imposed by the Union. The Court clarified that the obligations under the agreement were not binding on the Government of India post-independence, as there was no affirmation of the agreement by succeeding sovereigns.

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