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Himachal Pradesh Court March 1958 Judgments

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Mar 31 1958

Romesh Chandra Vs. Union of India (Uoi) and anr.

Court: Himachal Pradesh

Decided on: Mar-31-1958

Reported in: AIR1959HP17

ORDERT. Ramabhadran, J.C.1. This writ petition, under Article 226 of the Constitution, arises under the following circumstances:--The petitioner is the sole owner of a cinema coacein, styled as 'Krishna Talkies,' situated at Mandi. He is engaged in exhibiting talkie films for the entertainment of the public, admission being regulated by tickets. On 19-7-1956, by means of a notification, purporting to be one under Section 62(6a) of the Punjab Municipal Act, 1911, as applied to Himachal Pradesh, the Municipal Committee of Mandi, with the previous sanction of the Lieutenant-Governor, Himachal Pradesh, imposed a show tax of Rs. 2/-per show on the petitioner with effect from 20-10-1956. 2. The petitioner's contention is two-fold:--(A) The imposition of the tax was illegal, ultra vires and unconstitutional. (B) In any case, the Municipal Committee could not recover more than Rs. 250/- per annum, from the petitioner, by way of show tax, having regard to the limit laid down in Article 276(2) o...


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