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march 1967

Supreme Court of India · 1967-03-21

SHAHDARA (DELHI) SAHARANPUR LIGHT RAILWAYCO. LTD. vs THE MUNICIPAL BOARD, SAHARANPUR

Citation / case number
SC 1966/60189
Court
Supreme Court of India
Petitioner
SHAHDARA (DELHI) SAHARANPUR LIGHT RAILWAYCO. LTD.
Respondent
THE MUNICIPAL BOARD, SAHARANPUR
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that the appellant company, operating a narrow-gauge railway between Shahdara and Saharanpur, qualifies as a 'railway' under the relevant statutes despite being registered as a 'tramway' under the Indian Tramways Act, 1886. The Court found that neither the Municipal Act nor the Terminal Tax Rules provided a specific definition of 'railway' that would exclude the appellant from exemption from terminal tax. The Court emphasized that the common understanding of 'railway' encompasses the appellant's operations, thus entitling it to the exemption under item 2 of Schedule B of the Terminal Tax Rules.

SHAHDARA (DELHI) SAHARANPUR LIGHT RAILWAYCO. LTD. vs THE MUNICIPAL BOARD, SAHARANPUR · Niyam