A.V.VARADARAJAN, S.MURTAZA FAZAL ALI, SABYASACHI MUKHARJEE
I. T. C. LTD. – Appellant
Versus
State of Karnataka – Respondent
FAZAL ALI, J.
(1) I have carefully gone through the judgment of my learned Brother, Mukharji, J., on the question of fee levied by the Karnataka State on the agricultural produce brought to the market for sale in that State. The theory of nexus between the fee levied and the services rendered cannot be reduced to a ritualistic formula so as to close it in a strait-jacket nor can it be weighed in golden scales. All that is necessary is that there should be a direct nexus between realisation of fees and the services rendered. What would be the nature of the services, when and how it should be rendered and in what measure is entirely a matter for the market committees to decide or determine. So long as the money is realised, even though on the higher side, but is spent on the extension and expansion of the markets, market yards, market facilities, godowns, rest houses, buildings, even roads leading up to the markets, that would be fully within the concept of a fee and could not be labelled as a tax on the purchasers at the auction of goods or articles in the market. It is, however, difficult to lay down any hard and fast rule for determining the extent and contou
D. Cawasji and Co. v. State of Mysore
Shiv Shankar Dal Mills v. State of Haryana
Misrilal Jain v. State of Orissa
Cemmissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt
Kewal Krishan Puri v. State of Punjab
M.C.V.S. Arunachala Nadar v. State of Madras
Government of A.P V.Hindustan Machine Tools Ltd.
Ram Chandra KailashKumar and Co.v. State of U.P.
Municipal Corporation v. Mohd Yasin
Southern Pharmacenticals , Chemicals, Trichur v. State of Kerala
Sreenivasa General Traders v. State of A.P.
Amar Nath Om Parkash v. State of Punjab
State of Maharashtra v. Saltation Army, Western India Territory
Indian Mica and Micanite Industries Ltd. v. Stale of Bihar
relied on : Bandhua Mukti Morcha v. Union of India
State of Kerata v. Kumari T.P. Roshana
limited : Kewal Krishan Puri v. State of Punjab
relied on : Southern Pharmaceuticals and Chimicals v. State of Kerala
Sreenivasa General Traders v. State of A.P.
Tulsipur Sugar Co. Ltd. v. Notified Area Committee
Avinder Singh v. State of Punjab
State of Orissa v. M. A. Tullock and Co.
Baijnath Kedia v. State of Bihar
Delhi Cloth and General Milts Co. Ltd. v. Union of India
Zaverbhai Amaidas v. Stale of Bombay
Calcutta Gas Company (Proprietary) Ltd. v. State of W.B.
Calcutta Gas Company (Proprietary) Ltd. v. State of W.B.
P.D. Shamdasani v. central Bank of India
relied on : Municipal Cororation v. Mohd.Yasin
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.