was delivered by WANCHOO, J., HIDYATULLAH, J. delivered a dissenting Opinion.
The Judgment of GAJENDRAGADKAR, C.J., WANCHOO, RAMASWAMI and RAJU, JJ.
Appeal from the judgment and decree dated September 10, 1960 of the Allahabad High Court in Special Appeal No.
The appellant, Lord Krishna Sugar Mills, carries on the business of manufacturing sugar and cloth.
Wanchoo, J. The only question raised in this appeal on a certificate granted by the Allahabad High Court is the interpretation of r. 8 a of the Rules in force from May 1, 1949, in the municipal area of Saharanpur with respect to tolls payable on entry of goods within the limits of the Saharanpur municipality.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Rule 3 provided that when a laden man, laden vehicle or laden pack animal subject to terminal toll arrives at one of the barriers fixed by the Board, the terminal toll due shall be paid at once by the person in charge of the head load, bahangi load, laden vehicle or laden pack animal to the moharrir stationed at the barrier.
for the respondent.
The railway station of Saharanpur is situate within the municipal limits and therefore the lorries have to enter the municipal limits when they carry bales to the railway station.
105 of 1957.
S. Pathak, B. Datta and Naunit Lal, for the appellant.
Motor lorries loaded with bales of packed cloth leave the appellants premises and carry these bales to the railway station where the bales are unloaded and booked by rail to various destinations without any sorting or change of bulk.
C. Setalvad, D. K. Agarwal, M. L. Gupta and R. Gana pathy lyer.
753 of 1963.
Thereupon the appellant applied for a certificate which was granted by the High Court and that is how the matter has companye up before us.
