Supreme Court · 1996 INSC 869 · Decided 12 August 1996
City of Nagpur Corporation v. M/S. Khemchand Khushaldas and Sons and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 869 · [1996] SUPP. 4 S.C.R. 547
- Case number
- CIVIL APPEAL No. 3463/1990
- Decided
- 12 August 1996
- Bench
- S.P. BHARUCHA, S.B. MAJMUDAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
City of Nagpur Corporation Ac~ 1948: Sections 3(2), 114( 1)(e) & (3) and 115. A B Octroi duty-Imposition of fresh rates of by Corporatio1.-Duly sane- C tioned by State Government-No mil.ximum rate fixed by State Govern­ ment-Rates went beyond maximum ra_tes fixed under S.66( 1) and (2) of under S.66(1) and (2) of C.P. and Berar Municipalities Act, 1922 would cease to be operative-Even if State Government did not fix maximum rate, that fixed under 1922 Act would· not prevail-Fixation of maximum rate by State D Government was directory and not a condition precedent for
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