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january 1964

Supreme Court of India · 1964-01-20

STATE OF MADHYA PRADESH vs BHAILAL BHAI & ORS.

Citation / case number
SC 1962/125
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH
Respondent
BHAILAL BHAI & ORS.
Bench
GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the sales tax imposed on imported tobacco violated Article 301(a) of the Constitution as it impeded inter-state trade. The Court ruled that the tax was not saved under Article 304(a) since indigenous tobacco was not taxed similarly. The tax paid under a mistake of law was refundable under Section 72 of the Indian Contract Act, 1872, and the High Court had the jurisdiction to order repayment despite the appellant's claims of unreasonable delay in filing the petition.

STATE OF MADHYA PRADESH vs BHAILAL BHAI & ORS. · Niyam