Supreme Court · 2002 INSC 215 · Decided 22 April 2002

State of A.P. v. National Thermal Power Corporation LTD. and ORS.

Court
Supreme Court of India
Citation
2002 INSC 215 · [2002] 3 S.C.R. 278
Case number
CIVIL APPEAL No. 3112/1990
Decided
22 April 2002
Bench
S.P. BHARUCHA, R.C. LAHOTI, N. SANTOSH HEGDE, RUMA PAL, ARIJIT PASAYAT (5-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution Article 245, 248, 269(l)(g), 3(1), 3, 287, 288

Headnote

Constitution of India, 1950: Article 245, 248, 269(l)(g) and (3), 286, 287, 288, Seventh Schedule List I Entry 92A, List II Entries 53 and 54-Sale of electricity occasioning inter-State movement of electricity-Levy of tax on-Competence of State Legi:;/ature to enact law to levy tax-Held, be subject to provisions of Entry 92A of List I-Such sale would amount to inter- D State sale-Jn view of prohibition by Articles 269 and 286 such Legislation is beyond legislative competence of State-Legislation having extra territorial operation can be enacted only by Parliament and not by

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