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may 2000

Supreme Court of India · 2000-05-09

State Ofguj'Arat & Ors vs Kaushikbhai K. Patel & Anr.

Citation / case number
AIR 2000 SUPREME COURT 2175
Court
Supreme Court of India
Petitioner
State Ofguj'Arat & Ors
Respondent
Kaushikbhai K. Patel & Anr.
Author
Shivaraj V. Patil
Bench
S.P. Bharucha, Shivaraj V.Patil

Judgment text excerpt

The Supreme Court addressed the validity of Section 3-A(5) of the Bombay Motor Vehicles Tax Act, 1958, as amended by the Gujarat Amendment Act, 1992, which was challenged for being ultra vires Articles 14 and 19 of the Constitution. The Court held that the provisions allowing tax refunds for non-use of vehicles must be interpreted in a manner that does not violate constitutional rights, emphasizing the need for reasonable classification and non-arbitrariness in tax laws. The appeal was allowed, and the High Court's order was set aside, affirming the constitutional validity of the statute.

State Ofguj'Arat & Ors vs Kaushikbhai K. Patel & Anr. · Niyam