Supreme Court of India

State of Bihar and Ors v. Bihar Distillery Ltd. Etc.

Neutral citation

Reported as [1996] SUPP. 9 S.C.R. 479

Bench B.P. Jeevan Reddy and K.S. Paripooran JJ.

Decided 3 December 1996

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, the .appeals are allowed, the judgment of the H 498 SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R. A High Court is set aside and it is declared that the Amending Act 9 of 1995. being Bihar Act of 9 of 1995 is neither unconstitutional nor is it ineffective to achieve the objective it set out to achieve - object set out in the Preamble.

Judgment, page 19

From the headnote

Bihar Excise (Amendment and Validating) Act, 1995-Act of 1995-Validity of Challenged-P1ice fu:ation of cowtfly liquor by Commis sioner of Excise-Enactment of Amending Act to provide stanaory basis and legislative impremature to the p1ice fu:ation done by the Commissionei--Held, enactment not beyond legislative competence of the state, nor ;iolative of fundamental rights nor arbitrary in the facts of the case-Hence the validity cannot be impeached. c Enactment-Constitutionality of-Challenge to---Approach of the cowt in examining-Held, is to sta1t with the presumption of Constitutionality and

Where later benches applied it

2013 Dharmendra Kirthal v. State of U.P. and Another relied on
2008 State of Maharashtra v. Bharat Shanti Lal Shah & Ors. relied on
2017 Shayara Bano v. Union of India and Others referred to
2014 Dr. Subramanian Swamy v. Director, Centeral Bureau of Investigation & Anr. referred to
2014 Hardeep Singh v. State of Punjab & Ors. referred to
2013 State of Maharashtra & Anr. v. Indian Hotel & Restaurants Assn. & Ors mentioned

Of those, 2 relied on · 3 referred to · 1 mentioned

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