Supreme Court · 2002 INSC 255 · Decided 2 May 2002
Nagrik Upbhokta M. Manch v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 255 · [2002] 3 S.C.R. 735
- Case number
- CIVIL APPEAL No. 3249/2002
- Decided
- 2 May 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 265
Headnote
B Essential Commodities Act, 1955: Sections 3 and 5. Fixation of price of Kerosene oil, a controlled commodity-Central Government notified Kerosene Order-State Government issuing a Scheme C fixing the rates of Kerosene oil at wholesale/semi-wholesale/retail level­ lncluded Sales Tax, Court dismissed writ petitions-State Government framed Rules justifYing the Scheme-On appeal, held, Kerosene Order does not empower the State Government to prescribe D by themselves and levy any charges, rates, duties and taxes-The collection so accrued due to such levy in the guise of rounding
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