Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art.265 and 366(28) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India:Art.265 and 366(28) - Large chunk of land allocated to ยท appellant-Company by the State - Water of the river which flewpast that parcel of land was used by the company - Dam constructedon the river by the State - Demand by the State against the appellant-Company towards bill for water drawn from the river - Writ petitionchallenging the demand - Dismissed by High Court - On appealplea of the company that demand was violative of Art.265 - Pleas of State that the demand was 'fee' and the expression 'tax' in Art.265would not take within its sweep 'fee' - Alternative plea of State thatdemand was justified under Bihar Irrigation Act, 1997 or BiharPublic Irrigation and Drainage Works Act, 1947 - Held: Expression'fee' is comprehended in the expression 'tax'for the purpose ofArt.265 and even for collection of 'fee' authority of law (i.e. legislative support) is mandatorily required - Alternative plea sinceis raised for the first time before this Court, would not be gone intoby this Court - Matter remitted to High Court for examination ofthe questions raised in alternative plea - Bihar Irrigation Act, 1997- Bihar Public Irrigation and Drainage Works Act, 1947.Plea:New plea - Involving question of law - Raising of. for thefirst time before Supreme Court - Held: Supreme Court will not beaverse to examine a pure question of law raised for the first time -However, it is not bound/obliged to examine in every case where question of law is raised - Questions of law arising out of theapplication and interpretation of a local law ought not to be normallyentertained by Supreme Court unless such questions are intertwinedwith substantial questions of interpretation of the Constitution. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 1236 |
Petitioner | Tata Iron And Steel Co. Ltd. & Another |
Respondent | State Of Bihar & Others |
SCR | [2017] 12 S.C.R. 517 |
Judgement Date | 2017-12-15 |
Case Number | 5360 |
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