Supreme Court · 2002 INSC 59 · Decided 1 February 2002
Koluthara Exports LTD. v. ST Ate of Kerala and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 59 · [2002] 1 S.C.R. 775
- Case number
- CIVIL APPEAL No. 12788/1996
- Decided
- 1 February 2002
- Bench
- S.P. BHARUCHA, S.S.M. QUADRI, U.C. BANERJEE, S.N. VARIAVA, SHIVARAJ V. PATIL (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 39, 4, 366(28)
Headnote
" Constitution of India-Articles 39, 4 I, Seventh Schedule, List III. Entry c 23-Kerala Fishermen's Welfare Fund Act, 1985-Section 4(2) read with Section 2{d)-Fisherman's Welfare Fund Scheme-Contribution to--Welfare Fund Act requiring the dealer to contribute one per cent of sale proceeds to impost by way of contribution can be levied only when there exists the relationship of:employer and employee between the contributor and the beneficiary under the Act and the scheme-The contribution D envisaged under Section 4(2) of the Act is clearly outside the ambit of Entry > 23 of List
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