327 of 1962.
July 5, 1961, of the Mysore High Court, Bangalore in Writ Petition No.
The judgment of Das, Kapur and Sarkar, JJ.,
226 of the Constitution for a writ of mandamus directing the appellant municipality to forbear from companylecting the duty.
October 23.
K. Daphtary, Solicitor General of India, S. T. Desai and I.N. Shroff, for the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Appeal from the orders dated.
The respondent disputed this companytention and moved the High Court of Mysore under Art.
On such extension the appel lant municipality demanded octroi duty on goods brought into the respondents factory companytending that the factory had thereupon companye within its octroi limits as defined by the by law.
556 of 1960.
The High Court did number accept the appellant municipalitys companytention and issued the writ.
was delivered by Dayal, J. SARKAR, J. This is an appeal against a judgment of the High Court of Mysore which held that the respondent was number liable to pay any octroi duty to the appellant municipality in respect of dutiable goods brought to its factory as on a proper interpretation of the appellants by law fixing the octroi limits, the respondents factory was outside those limits.
was delivered by Sarkar, J. The judgment of Hidyatullah and Dayal, jj.,
C. Setalvad, Attorney General of India and Naunit Lal, for the appellant.
By a numberification issued on August 25, 1959, the Government of Mysore extended the municipal district of the appellant municipality with effect from September 3, 1959, and as a result of this extension the respondents factory came to be included within that district.
