C. Setalvad, Attorney General for India, K. Daphtary, Solicitor General of India and B. Sen, for respondent No.
V. Viswanatha Sastri, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellant.
Appeal from the judgment and order dated July 19, 1955, of the Bombay High Court in Special Civil application No.
It had by a resolution duly passed by it, made a rule under s. 60 of the Act selecting for the purpose of an octroi tax of /4/ annas per Bengali maund, milk brought within its octroi limits for companysumption, use or sale therein.
On April 4, 1955, the Government of Bombay passed an order directing that the octroi tax shall number be leviable by the appellant Municipality.
1961, December 21.
SARKAR J. The appellant is a City Municipality within the meaning of the Bombay District Municipal Act, 1901 and is governed by that Act.
This order has given rise to the present proceedings.
On November 29, 1954, the Government of Bombay had given its sanction to the rule under s. 61 of the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Vithlbhai B. Patel and I. N. Shroff, for respondent No.
This petition was dismissed by the High Court.
211 of 1956.
226 of the Constitution challenging the validity of the order.
was delivered by Sarkar J. Ayyangar J., delivered a separate judgment.
The Judgment of Sinha C. J., Sarkar, Das Gupta and Mudholkar JJ.,
The appellant Municipality thereafter published the rule and the sanction as required by s. 62 of the Act and the tax was accordingly imposed with effect from January 1, 1955.
976 of 1955.
The appellant Municipality filed a petition in the High Court at Bombay under Art.
