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march 1977

Supreme Court of India · 1977-03-11

BATA SHOE CO. vs CITY OF JABALPUR CORPORATION

Citation / case number
SC 1972/60195
Court
Supreme Court of India
Petitioner
BATA SHOE CO.
Respondent
CITY OF JABALPUR CORPORATION
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court held that under Section 84(3) of the Central Provinces and Berar Municipalities Act, 1922, objections regarding the assessment and levy of octroi duty must be addressed through the mechanisms provided in the Act, and cannot be challenged in a civil court. The Court found that the municipality acted within its jurisdiction in reassessing the duty, and thus the plaintiffs' suit for recovery of the amount paid under protest was not maintainable. The appeal was dismissed, affirming the High Court's ruling that the civil court lacked jurisdiction to entertain the suit.

BATA SHOE CO. vs CITY OF JABALPUR CORPORATION · Niyam