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december 1978

Supreme Court of India · 1978-12-05

BHOPAL SUGAR INDUSTRIES LTD. vs STATE OF MADHYA PRADESH & ORS.

Citation / case number
SC 1968/60430
Court
Supreme Court of India
Petitioner
BHOPAL SUGAR INDUSTRIES LTD.
Respondent
STATE OF MADHYA PRADESH & ORS.
Author
P.N. SHINGAL
Bench
P.N. SHINGAL

Judgment text excerpt

The Supreme Court held that Section 23 of the Madhya Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1958 is ultra vires the Constitution, as the term 'an area' does not equate to 'local area' as defined in Entry 52 of List II of the Seventh Schedule. The Court clarified that 'local area' refers to regions administered by local bodies, not factory premises. Consequently, the imposition of cess under the State Act was invalid, and the appeal was dismissed, upholding the High Court's decision to reduce the cess amount to Rs. 5,44,835.69.

BHOPAL SUGAR INDUSTRIES LTD. vs STATE OF MADHYA PRADESH & ORS. · Niyam