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october 2001

Supreme Court of India · 2001-10-04

STATE OF RAJASTHAN vs M/S. D.P. METALS

Citation / case number
SC 2000/14664
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN
Respondent
M/S. D.P. METALS
Author
B.N. KIRPAL,N. SANTOSH HEGDE,B.N. AGRAWAL
Bench
B.N. KIRPAL,N. SANTOSH HEGDE,B.N. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's decision declaring Section 78(5) of the Rajasthan Sales Tax Act, 1994 unconstitutional, finding it ultra vires the legislative competence of the State and violative of Articles 14, 19(1)(g), 301, and 304 of the Constitution. The Court emphasized that the imposition of penalties under this provision was excessive, arbitrary, and unreasonable, thus infringing on the rights of the dealers. The judgment reinforces the principle that legislative provisions must not only be within competence but also reasonable and just.

STATE OF RAJASTHAN vs M/S. D.P. METALS · Niyam