Supreme Court of India
Kandivali Cooperative Industrial Estate and Another v. Municipal Corporation of Greater Mumbai and Others
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1 Supreme Court bench has cited this judgment.
What the Court ordered
Accordingly, we direct that the respondent authority shall not recover increased trade refuse charge at the rate of 10 per cent with effect from 2009.
Judgment, page 25
From the headnote
Mumbai Municipal Corporation Act, 1988 - s.368(5) - Trade Refuse Charges - Imposition - Revised by the Circular dated 11.10.2011 issued by Municipal Corporation of Greater Mumbai - Propriety of - Held: The competent authority under the Act has the power to notify Trade Refuse Charges to be collected from its trade /icencees - However, provision under clause (6) of the Notification to increase trade refuse charge by 10% every year from the year 2009 is arbitrary, without guidelines and violative of principles of natural justice - Therefore, the authority directed not to recover any increased
Authorities it was built on
- 1954 The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt.
- 2008 Smt. Leelabai Gajanan Pansare & Ors. v. The Oriental Insurance Co. Ltd. & Ors.
- 1992 Ahmedabad Urban Development Authority v. Sharad Kumar Jayantikumar Pasawalla & Ors.
- 2011 Union of India and Ors. v. M/s Nitdip Textile Processors Pvt. Ltd. and Another
- 2011 Consumer Online Foundation v. Union of India & Ors.
- 1964 Corporation of Calcuta and Another v. Liberty Cinema
- 2007 M/s. Gupta Modern Breweries v. State of Jammu & Kashmir & Ors.
- 1970 Bimal Chandra Banerjee v. State of Madhya Pradesh
- 1971 Gulabchand Bapalal Modi v. Municipal Corporation of Ahmedabad City
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