Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Doctrine of desuetude |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Doctrine of desuetude-Disuse of a statute for a long duration; and contrary practice in use-The statute becomes a dead letter may be taken as replaced.Cantonment Act, 1910-Ss.60-62-Octroi Rules 1963-Whether 1881 resolution permitted collection of octroi duties at the rates specified in Octroi Rules of 1963-Whether any obstacle in law in allowing the same--Held: No.Words & Phrases : Contemporanea expositio'-Meaning of.The Government of Bombay, by its Resolution adopted on 26.1.1881 approved the levy of Octroi in the Cantonment on the same articles and at the same rate as in Poona City and it approved the proposal to divide the proceeds on certain terms. The Government of India conveyed its sanction to the levy of Octroi in the Cantonment and issued notification. The Municipality started collection of Octroi duties for the Cantonment from that year itself.After the Cantonment Act 1910 came into force, the Cantonment wanted a new method of apportionment as it thought that the agreement that existed was unjust. The State Government did not agree and the disagreement was conveyed to the Cantonment. The Municipality proposed to revise its Schedule of Octroi Rules in 1917 by enhancing the same, which was opposed by the Cantonment Committee. The Government approved the revised Octroi Schedule. This order required the General Officer Commanding of the Cantonment to be informed that the Government saw no reason to modify its earlier decision.In 1963 new Octroi Rules were framed by the appellant which enhanced the rates of Octroi and included new articles in the schedule and it started collecting octroi accordingly form all concerned. The respondents filed writ petitions challenging the legality of the collection of the octroi made as per the 1963 Schedule to the Octroi Rules framed by the appellant, before High Court. The Respondents contended that the 1881 Notification did not permit the collection and even if factually the Notification were to so permit, the appellants could not have done so in law. The High Court accepted both the contentions and allowed the writ petitions. Hence these present appeals. |
Judge | Hon'ble Mr. Justice B.L. Hansaria |
Neutral Citation | 1995 INSC 181 |
Petitioner | The Municipal Corporation For City Of Pune And Anr. |
Respondent | Bharat Forge Co. Ltd. And Ors. |
SCR | [1995] 2 S.C.R. 716 |
Judgement Date | 1995-02-10 |
Case Number | 2550 |
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