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september 1970

Supreme Court of India · 1970-09-17

NAGAR PANCHAYAT, UNA vs UNA TALUKA SAHAKARI KHARID VECHAN SANGH LTD.

Citation / case number
SC 1970/60072
Court
Supreme Court of India
Petitioner
NAGAR PANCHAYAT, UNA
Respondent
UNA TALUKA SAHAKARI KHARID VECHAN SANGH LTD.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Section 307 of the Gujarat Panchayat Act, 1961, a Nagar Panchayat can continue to collect octroi previously imposed by a Municipality under the Saurashtra Terminal Tax and Octroi Ordinance, 1949. The Court found that the High Court erred in ruling that the Nagar Panchayat was not competent to collect the octroi, as the Ordinance remained in force and the Nagar Panchayat succeeded the Municipality, inheriting its rights and obligations. The appeal was allowed, affirming the Nagar Panchayat's authority to collect the tax.

NAGAR PANCHAYAT, UNA vs UNA TALUKA SAHAKARI KHARID VECHAN SANGH LTD. · Niyam