STATE OF BIHAR AND ORS versus BIHAR DISTILLERY LTD. ETC.

STATE OF BIHAR AND ORS versus BIHAR DISTILLERY LTD. ETC.

The Bihar Excise (Amendment and Validating) Act, 1995 is neither unconstitutional nor arbitrary; it validly provides statutory basis and legislative imprimatur to price fixation conducted by the Excise Commissioner, including the deduction of warehouse maintenance charges, and does not violate any fundamental rights or exceed legislative competence.

Parties
Appellant: State of Bihar and Others; Respondent: Bihar Distillery Ltd. etc.
Jurisdiction
India
Judgment Date
03 December 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 5.1.96 of the Patna High Court in C.w.j.c. No. 1773, 4272, 2233 and 5828 of 1994
Outcome
Appeals allowed; High Court judgment set aside; validity of Amending Act affirmed; writ petitions dismissed; no costs.
Legal Topics
Legislative Competence, Fundamental Rights, Arbitrariness, Statutory Validation, Price Fixation, Warehouse Maintenance Charges
Constitutional Law Excise Law Legislative Competence Fundamental Rights Arbitrariness Statutory Validation Price Fixation Warehouse Maintenance Charges

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Parties

State of Bihar and Others

Appellant

Bihar Distillery Ltd. etc.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 5.1.96 of the Patna High Court in C.w.j.c. No. 1773, 4272, 2233 and 5828 of 1994

Legal Issues

  1. 1 Validity of Bihar Excise (Amendment and Validating) Act, 1995
  2. 2 Legislative competence of Bihar State to enact the Amending Act
  3. 3 Violation of fundamental rights by the Amending Act

Ratio Decidendi

The Bihar Excise (Amendment and Validating) Act, 1995 is neither unconstitutional nor arbitrary; it validly provides statutory basis and legislative imprimatur to price fixation conducted by the Excise Commissioner, including the deduction of warehouse maintenance charges, and does not violate any fundamental rights or exceed legislative competence.

Court Disposition

Appeals allowed; High Court judgment set aside; validity of Amending Act affirmed; writ petitions dismissed; no costs.

Orders

  • The Amending Act 9 of 1995 (Bihar Act 9 of 1995) is valid, constitutional, and effective.
  • The writ petitions filed by respondents in the High Court are dismissed.