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may 1971

Supreme Court of India · 1971-05-07

PRAKASH CHAND MAHESHWARI & ANR. vs ZILA PARISHAD, MUZAFFARNAGAR & ORS.

Citation / case number
SC 1968/60403
Court
Supreme Court of India
Petitioner
PRAKASH CHAND MAHESHWARI & ANR.
Respondent
ZILA PARISHAD, MUZAFFARNAGAR & ORS.
Author
SIKRI, S.M. (),MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.,REDDY, P. JAGANMOHAN
Bench
SIKRI, S.M. (CJ),MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.,REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court upheld the validity of the Professions Tax Limitation (Amendment and Validation) Act 1949, which retrospectively validated the levy of circumstances and property tax exceeding Rs. 50 under the U.P. District Boards Act, 1922. The Court ruled that the appointment of the Kar Adhikari was invalid as it did not comply with Section 43 of the U.P. Kshetra Samithis and Zila Parishads Adhiniyam 1961, as the appointment was made without prior consultation with the Public Service Commission. Consequently, the assessment made after two years was declared invalid, affirming the need for adherence to statutory procedures in tax assessments.

PRAKASH CHAND MAHESHWARI & ANR. vs ZILA PARISHAD, MUZAFFARNAGAR & ORS. · Niyam