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1961 Supreme(SC) 137

T.L.VENKATARAMA AYYAR, J.C.SHAH, J.L.KAPUR, M.HIDAYATULLAH, S.R.DASS
Berar Swadeshi Vanaspathi – Appellant
Versus
Municipal Committee, Shegaon – Respondent


Advocates:
B.R.L.Iyengar, B.S.Shastri, GANPAT RAI, S.P.Varma, T.M.SEN

Judgment

KAPUR, J : This is an appeal on a certificate by the High Court of Bombay against the judgment and order of that Court passed on a petition under Art. 226 of the Constitution by the present appellants in regard to the legality of the notification levying an octroi duty on certain goods.

2. The appellants are some of the ratepayers of the Municipal Committee of Shegaon which is respondent No. 1 in this appeal. The other respondent is the State of Bombay. The appellants were carrying on trade and business which involved their bringing goods within the limits of the Municipal Committee. On July 25, 1954, the Municipal Committee passed a resolution for the purpose of levying an octroi duty instead of terminal tax. This resolution was published in the State Gazette on June 29, 1956, along with rules for assessment. On August 4, 1956, objections were invited to the proposed tax. The objections by the first appellant were filed on August 4, 1956, and by some others on August 5 and 6. At a meeting of the Municipal Committee dated August 16, 1956, the objections of the other appellants were rejected as being time barred and those by the first appellant were rejected because it was th






















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