Supreme Court · 2006 INSC 941 · Decided 1 December 2006

M/S. Siemens LTD. v. State of Maharashtra and ORS.

Court
Supreme Court of India
Citation
2006 INSC 941 · [2006] SUPP. 9 S.C.R. 925
Case number
CIVIL APPEAL No. 5295/2006
Decided
1 December 2006
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226

Headnote

B Constitution of India, 1950-Article 226-Discretionary jurisdiction under-To interfere with show cause notice directing payment of cess­ Permissibility-Writ Petition challenging jurisdiction of the Authority levying C cess-Authorities already determined the liability-Held: Ordinarily a Writ show cause notice-But when notice is issued with premeditation, writ petition is mainrainable-As the Authority had predetermined the liability, the writ petition is maintainable. Appellant, a multi location company was owing two factories one falling within the local limits of Bombay

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