Supreme Court of India · 1980-02-27
THE TULSIPUR SUGAR CO. LTD. vs THE NOTIFIED AREA COMMITTEE, TULSIPUR
- Citation / case number
- SC 1970/60346
- Court
- Supreme Court of India
- Petitioner
- THE TULSIPUR SUGAR CO. LTD.
- Respondent
- THE NOTIFIED AREA COMMITTEE, TULSIPUR
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the notifications issued under the U.P. Town Area Act, 1914, specifically the August 22, 1955 notification extending the limits of the Town Area Committee, did not comply with the principles of natural justice as they failed to provide an opportunity for objections, thus violating the audi alteram partem principle. The Court ruled that the omission of the second schedule in the notifications was a material illegality that could not be rectified by subsequent notifications. Consequently, the appeal was dismissed, affirming the lower courts' decisions regarding the invalidity of the levy of octroi on the plaintiff's goods.