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september 1985

Supreme Court of India · 1985-09-03

THE DHARANGADHRA CHEMICAL WORKS vs DHARANGADHRA MUNICIPALITY ANOTHER.

Citation / case number
SC 1972/60430
Court
Supreme Court of India
Petitioner
THE DHARANGADHRA CHEMICAL WORKS
Respondent
DHARANGADHRA MUNICIPALITY ANOTHER.
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court ruled that the enhancement of octroi duty by the Dharangadhra Municipality was illegal as it violated the mandatory provisions of Sections 60 to 62 of the Bombay District Municipalities Act, 1901. The Court clarified that the power to impose octroi duty under the Saurashtra Terminal Tax and Octroi Ordinance, 1949, rested solely with the State Government, not the Municipality. The Court upheld the appellant's challenge against the enhanced duty, emphasizing the necessity of compliance with statutory procedures for valid imposition.

THE DHARANGADHRA CHEMICAL WORKS vs DHARANGADHRA MUNICIPALITY ANOTHER. · Niyam