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MADHYA PRADESH HIGH COURT
ABC, J
Joara Sugar Mills Private Ltd v. State
| Table of Content |
|---|
| 1. constitutional challenge to the act. (Para 1) |
| 2. contextualizing local acts and previous decisions. (Para 2 , 3) |
| 3. parliament's validation of cess collection. (Para 4) |
| 4. petitioner's argument against the act's validity. (Para 5) |
| 5. challenges to commission demands under local act provisions. (Para 6 , 7 , 8) |
| 6. parliament's competency to legislate on taxes. (Para 9 , 10 , 11 , 12) |
| 7. clarifying 'colourable legislation' and constitutional powers. (Para 13 , 14) |
| 8. rejection of excessive delegation claim. (Para 15) |
| 9. affirmation of commission levy legitimacy. (Para 16 , 17) |
1. In this application under Art.226 of the Constitution of India by a private limited company engaged in the business of manufacture, production and sale of sugar, the petitioner claims a declaration that the Sugarcane fess (Validation) Act, 1961 (XXXVIII of 1911). (hereinafter referred to as to the Act) passed by Parliament is beyond the constitutional powers of Parliament and is, therefore, invalid, and prays for the issue of a writ of certiorari for quashing a notice dated 17th March 1962 given to it by the collector of Ratlam calling upon it to pay a total amount of Rs. 6,33,917.52 nP. as due fro
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