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august 1989

Supreme Court of India · 1989-08-16

MUNICIPAL CORPORATION OF THE CITY OF BARODA vs BABUBHAI HIMATLAL

Citation / case number
SC 1971/60306
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF THE CITY OF BARODA
Respondent
BABUBHAI HIMATLAL
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court upheld the validity of Standing Order No. 3 framed under Section 466(1)(A)(f) and Section 147 of the Bombay Provincial Corporations Act, 1949, allowing transporters to carry goods in transit through municipal limits upon payment of a supervision fee without octroi. The Court clarified that the Commissioner had the authority to frame such standing orders, and the fee was not a tax but a charge for services rendered, satisfying the quid pro quo requirement. The appeal was allowed, reversing the High Court's decision that deemed the standing order illegal.

MUNICIPAL CORPORATION OF THE CITY OF BARODA vs BABUBHAI HIMATLAL · Niyam