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october 1970

Supreme Court of India · 1970-10-26

MUNICIPAL BOARD, NAINITAL & ANR. vs BRIJ MOHAN CHANDRA &

Citation / case number
SC 1968/60190
Court
Supreme Court of India
Petitioner
MUNICIPAL BOARD, NAINITAL & ANR.
Respondent
BRIJ MOHAN CHANDRA &
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that the toll-tax levied under Section 128(1)(vii) of the U.P. Municipalities Act, 1916, is payable by the person-in-charge of the vehicle and not by the passengers. The Court dismissed the appeal, affirming the High Court's ruling that the levy on passengers was ultra vires the taxing power of the Municipal Board. The Court clarified that there was no legal basis for demanding toll-tax from passengers merely because they were carried by the vehicle entering the municipality.

MUNICIPAL BOARD, NAINITAL & ANR. vs BRIJ MOHAN CHANDRA & · Niyam