A. D. KOSHAL, N. L. UNTWALIA, P. N. SHINGHAL, V. R. KRISHNA IYER, Y. V. CHANDRACHUD
Ganga Sugar Corporation LTD. : Lord Krishna Sugar Mills: Basti Sugar Mills Company LTD. : Ganga Sugar Corporation LTD. : Mahalakshmi Sugar Mills LTD. : Lord Krishna Sugar Mills: Ganga Sugar Corporation LTD. : Lakshmiji Sugar Mills Company: Jaswa – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
KRISHNA IYER, J.:—This phalanx of appeals, over 200 strong, has stagnated for eight years and slowed down other disposals, which is unfortunate.
2. We believe that the price of healthy justice from the highest bench is eschewal of all but those cases which possess the twin attributes of, (i) substantial question of law of general importance, (ii) which need to be decided by the SC itself, whether the jurisdiction be under Article 133, 134 or 136. Such being the jurisdictional dynamics of the SC, save in exceptional cases of appalling injustice, we hope the Bar will share this concern and avoid a breakdown for, truly, the question today is : To be or not to be.
3. All these appeals spring from a common demand for tax by the State of Uttar Pradesh from a number of sugar mills on the purchase of sugarcane at a rate regulated by weight, not value, a pragmatic novelty in the sales tax pattern which has provoked an argument about its validity. Legal ingenuity, which rich mills, making common cause, could summon, spun out several constitutional and other challenges to the levy in the High Court, all of which became casualty when the Division Bench delivered judgment. Even so, the m
Shyamakant Lal v. Rambhajan Singh
followed : Ch. Tika Ramji v. State of U. P.
referred to : Ram Krishna Dalmla v. Justice Tendolkar
explained : K. T. Moopil Nair v. State of Kerala
relied on : Diamond Sugar Mills Ltd. v. State of U. P.
Mid Kannan Devan Hills Co. v. State of Kerala
Juatice Stone in United States v. Butlar
followed : Murthy Match Works v. Assistant Collector of central Excise
followed : Murthy Match Works v. Assistant Collector of central Exercisen
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