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Municipal Committee, Dhamangaon And ... vs Hirabai And Ors. on 20 February, 1962 cites

The Jalgaon Borough Municipality vs The Khandesh Spinning And Weaving Mills ... on 6 December, 1961

10. On the other hand, it was contended on behalf of the Municipal Committee that the nice distinction between what is illegal or ultra vires and what is merely wrongful had not been considered in the above cases, and the decisions which really apply to the facts of this case were those reported in the Jalgaon Borough Municipality v. Khandesh Spinning and Weaving Miils Co., Ltd., and the Municipality of Chopda v. Motilal, . both of which decisions are by a Division Bench. In the first mentioned case the Municipality levied an octroi duty on fuel oil or furnace oil which was not comprised in the items enumerated in the Octroi Rules and by-laws. . In a claim for refund of the amount wrongfully levied the question had to be considered whether the recovery of the tax from the Mills was done or purported to have been done under the Bombay Municipal Boroughs Act, 1925. Section 206 of that Act, which is analogous to Section 43 of the C. P. and Berar Municipalities Act, 1922, provided as follows:
Bombay High Court Cites 10 - Cited by 9 - Full Document
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