Supreme Court Of India
( V.N. KHARE, CJI., R.C. LAHOTI, B.N. AGRAWAL, S.B.SINHA AND DR. AR. LAKSHMANAN, JJ)
Civil Appeals Nos. 1532-33 of 1993 with Nos. 3518-19,5149-54 of 1992,2350 of 1993, 7614 of 1994, 298-99 and 297 of 2004*
STATE OF WB. -Appellant;
Versus
KESORAM INDUSTRIES LTD. AND OTHERS Respondents.
With
Writ Petition (C) No. 262 of 1997 with Nos. 515, 641-42 of 1997, 347, 360 of 1999,50,553 of 2000,207,288,389 of 2001 and 81 of 2003 TERAI INDIAN PLANTERS ASSOCIATION
AND ANOTHER -Appellants;
Versus
STATE OF WB. AND OTHERS-Respondents.
With
Writ Petitions (C) No. 247 of 1995 with No. 412 of 1995 BENGAL BRICKFIELD OWNERS
ASSOCIATION AND ANOTHER -Appellants;
Versus
STATE OF WB. AND OTHERS-Respondents.
With
Civil Appeals No. 5027 of 2000 with Nos. 6643-50, 6894 of 2000 and 1077 of 2001
ANIL KUMAR SINGH-Appellant;
Versus
COLLECTOR, SONBHADRA DISTRICT AND OTHERS -Respondents.
Civil Appeals Nos. 1532-33 of 1993 with Nos. 3518-19,5149-54 of 1992, 2350 of 1993, 7614 of 1994, 298-99 and 297 of 2004 with WPs (C) Nos. 262, 515,641-42 of 1997,347,360 of 1999, 50, 553 of 2000, 207, 288,
389 of 2001 and 81 of 2003,247,412 of 1995, CAs Nos. 5027, 6643-50,6894 of 2000 and 1077 of 2001
decided on January 15, 2004
Certainly. Based on the provided legal document, the key points are as follows:
These points collectively highlight the importance of a broad, purposive, and contextual interpretation of constitutional entries related to taxation and regulation, emphasizing the need to respect the delineation of legislative powers between the Union and the States.
JUDGMENT
R. L. LAHOTI, J. (on behalf of V.N. Khare, C.J. and himself, B.N.Agrawal and Dr. Ar. Lakshmanan, JJ.)- In this batch of matters, some appeals by special leave under Article 136 of the Constitution and some writ petitions filed in this Court, raise a few questions of constitutional significance centering around Entries 52, 54 and 97 in List I and Entries 23, 49, 50 and 66 in List II of the Seventh Schedule to the Constitution of India as also the extent and purport of the residuary power of legislation vested in the Union of India. Cases on coal-bearing land levied in exercise of the power conferred by State legislation have been struck down by a Division Bench of the Calcutta High Court. In exercise of the same power conferred by State legislation where under cesses were levied on coal-bearing land, cesses have also been levied on tea plantation land which are thesubject-matter of writ petitions filed in this Court. The Bengal Brickfield Owners Association has also come up to this Court by filing a writ petition under Article 32 of the Constitution, laying challenge to the same cesses levied on the removal of brick earth. These three sets of matters arise from West Bengal. The High Court of Allahabad has upheld the constitutional validity of cases levied in the State of U..P. on minor minerals which decisionsare the subject-matter of civil appeals filed under Article 136 of the Constitution. For the sake of convenience, we would call these matters, respectively as (A) "Coal matters", (B) "Tea matters", (C) "Brick earth matters", and (D) "Minor mineral matters". Inasmuch as the basic constitutional questions arising for decision in all these matters are the same,all the matters have been heard analogously.
2. We would first set out the facts in brief and so far as relevant for appreciating the issues arising for decision and thereafter deal with the same. (A) Coal matters
3. A Division Bench of the Calcutta High Court has, vide its judgment dated 25-11-1992, reported as Kesoram Industries Ltd. (Textile Division) v.Coal India Ltd. 1 struck down certain levies by way of cess on coal as unconstitutional for want of legislative competence in the State Legislature. Feeling aggrieved, the State of West Bengal has come up in appeal by special leave.
4. The levies which are the subject-matter of challenge are as under:
1. The Cess Act, 1880
"5. All immovable property to be liable to a road cess and public works cess.-From and after the commencement of this Act in any district or part of a district, all immovable property situate therein except as otherwise in Section 2 provided, shall be liable to the payment of a road cess and a public works cess.
6. Cesses how to be assessed.- The road cess and the public works cess shall be assessed-
(a) in respect of lands, on the annual value thereof,
(b) in respect of all mines and quarries, on the annual dispatches therefrom, and .
(c) in respect of tramways, railways and other immovable property,
on the annual net profit thereof,
ascertained respectively as in this Act prescribed;
and the rates at which such cesses respectively shall be levied for each year shall be determined for such year in the manner in this Act prescribed:
Provided that-
(1) the rates of such road cess and public works cess shall not exceed six paise and twenty-five paise respectively on each rupee of such annual value,
(2) the rates of each of such road cess and public works cess shall not exceed-
(i) fifty paise on each tonne of coal, minerals or sand of such annual dispatches, and
(ii) six paise on each rupee of such annual net profits.
Explanation.-For the purposes of this proviso, one tonne of coke shall be counted as one and a quarter tonne of coal."
2. West Bengal Primary Education Act, 1973
"78. Education cess.-(1) All immovable properties on which road and public works cesses are assessed, or all such properties which are liable to such assessment, according to the provisions of the Cess Act, 1880, shall be
AIR 1979 Guj 180: (1979) 20 Guj LR 895
AIR 2001 All 5 : 2001 All LJ 175, Ram Dhani Singh v. Collector
(1998) 2 SCC109: 1998 SCC(eri) 514: AIR 1998 SCC431
(1992) Supp (2) SCC239 : AIR 1992 SCC103
(1991) Supp (1) SCC600 : 1991 SCC(L&S) 1213 : AIR 1991 SCC101
(1990) 2 SCC71 : 1990 SCC(Tax) 223: AIR 1990 SCC781
(1990) 1 SCC109 : AIR 1990 SCC1927
(1990) 1 SCC12: 1989 Supp (1)SCC692: AIR 1990 SCC85
(1983) 4 SCC166: AIR 1983 SCC937
AIR 1983 Ori 210 : (1983) 55 eut LT 364 (FB)
(1975) 2 SCC175 : AIR 1975 SCC1234
(1971) 2 SCC779: (1972) 2 SCR 33: AIR 1972 SC1061
AIR 1971 P&H 155 : 72 Punj LR 963 (FB)
AIR 1969 P&H 79: ILR (1969) 1 Punj 680
AIR 1948 All 382 : 1948 All U 338 (FB)
(1983) 1 SCC51 : (1983) 1 SCR 729: AIR 1983 SC I
(1981) 4 SCC675: 1981 SCC(Tax) 30: AIR 1981 SC 2138
(1981) 2 SCC460: 1981 SCC(Tax) 119: AIR 1981 SC 972
(1969) 3 SCC 838: AIR 1970 SC 1436
AIR 1969 SC 59: (1969) 1 SCR 108
AIR 1965 SC 1561 : (1965) 3 SCR 47
AIR 1965 SC 745, Ref Under Article 143
AIR 1965 SC 177 : (1964) 6 SCR 666
AIR 1962 SC 1406: (1963) 1 SCR 491
AIR 1961 SC 1480: (1962) 1 SCR 517
AIR 1961 SC 652 : (1961) 3 SCR 242
AIR 1961 SC 552: (1961) 3 SCR 77
AIR 1961 SC 459: (1961) 2 SCR 537
AIR 1958 SC 468: 1958 SCR 1422. M.P. V. Sundararamier & Co. v. State
(1966) 3 All ER 871 : (1967) 2 QB 116: (1966) 3 WLR 1223 (CA)
(2004) 11 SCC : (2003) 10 Scale 202
(2004) 1 SCC391 : (2003) 10 Scale 432
(1969) 1 All ER 82 : (1969) 1 QB 616: (1968) 3 WLR 1273 (CA)
(1991) Supp (1) SCC430: (1991) 2 S SCC105
(2004) 1 SCC712: (2003) 10 Scale 141
(1997) 6 SCC241 : 1997 SCC(eri) 932
(2004) 10SCC1 : (2003) 8 Scale 287
(2003) 8 SCC648 : (2003) 7 Supreme 539
(2003) 11 SCC465 : (2003) 9 Scale 169
(2004) 1 SCC225: AIR 2003SC 4650
(2004) 1 SCC320: 2004 SCC(eri) 282:(2003) 10 Scale 380
(2004) 9 SCC512: (2003) 10 Scale J
AIR 1964 SC 1284: (1964) 4 SCR 461
(1970) 3 SCC 400: AIR 1969 SC 783
(1973) 1 SCC813 : 1973 SCC(L&S) 341 : AIR 1973 SC 1227
(1975) 2 SCC22 : 1975 SCC(Tax) 227
(1979) 4 SCC232: 1979 SCC(Tax) 322: (1979) 3 SCR 651
(1980) 4 SCC136: AIR 1980 SC 1955
(1981) 2 SCC135 : 1981 SCC(Tax) 84 : (1981) 2 SCR 808
(1983) 4 SCC210 : 1983 SCC(Tax) 315
(1985) 2 SCC68: 1985 SCC(L&S) 400
(1986) 2 SCC547: 1986 SCC(Tax) 443
(1986) 4 SCC38: 1986 SCC(Tax) 768
(1989) 3 SCC211 : 1989 SCC(Tax) 394
(1994) 3 SCC569: 1994 SCC(eri) 899, Kartar Singh v. State of Punjab (1994) 3 SCCI
(1994) 5 SCC54 : 1994 SCC(eri) 1325
(1970) 1 SCC 749 : (1971) 1 SCR 195
(1984) 1 SCC467: 1984 SCC(Tax) 17
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