Supreme Court · 1970 INSC 229 · Decided 26 October 1970

Municipal Board, Nainital & ANR. v. Brij Mohan Chandra & ANR.

Court
Supreme Court of India
Citation
1970 INSC 229 · [1971] 2 S.C.R. 700
Case number
CRIMINAL APPEAL No. 134/1968
Decided
26 October 1970
Bench
S.M. SIKRI, VISHISHTHA BHARGAVA, I.D. DUA (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 190(1)(c), 561A; Constitution

Headnote

B U.P. Municipuliries Act JI of 1916, s. 128(1)-/f (IU/horise.1&bull; <&middot;ol/ection of a to/l-1ax levi~d on vehicle.~ fron1 pa.~sengers travelling in ti vehicle. While the first respondent was travelling by a U.P. GovernJ11cnt Road&middot; ways bus from Bhowali to N.ainital in May 1967, declined to pay. The Executive Officer, Municipal Board, Nainital, th~reupon filed a complaint against him under s. 190(1) (c) Cr.P.C., for breach of rule 1 of the Rules made under s. 153(a) of the U .. P. Municipalities Act. 1916. The first respondenfs contention was that tile levy of toll-tax by

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