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october 1962

Supreme Court of India · 1962-10-23

BAGALKOT CITY MUNICIPALITY vs BAGALKOT CEMENT CO.

Citation / case number
SC 1962/21
Court
Supreme Court of India
Petitioner
BAGALKOT CITY MUNICIPALITY
Respondent
BAGALKOT CEMENT CO.
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 octroi duty was not applicable to the respondent's factory after the extension of the municipal district under Section 4 of the Bombay District Municipal Act, 1901. The Court held that the by-law defining 'municipal district' referred to the district as it existed when the by-law was framed, and thus the respondent was not liable for octroi duty. The dissenting opinion argued that the newly added area was included in the octroi limits, making the respondent liable for the duty on goods entering its premises.

BAGALKOT CITY MUNICIPALITY vs BAGALKOT CEMENT CO. · Niyam