SYED JAFAR IMAM, N.H.BHAGWATI, P.N.BHAGWATI, P.B.GAJENDRAGADKAR, J.L.KAPUR, B.P.SINHA
Nagendra Nath Bora: Likhiram: Commissioner Of Hills Division And Appeals, Assam: Rafiullah Khan – Appellant
Versus
Commissioner Of Hills Division And Appeals, Assam: Bhanuram Pagu: Bhanuram Pagu: Amulya Prasad Chaliha – Respondent
Judgment
B. P. SINHA, J. : These appeals by special leave are directed against the judgments and orders of the Assam High Court, exercising its powers under Arts, 226 and 227 of the Constitution, in respect of orders passed by the Revenue Authorities under the provisions of the Eastern Bengal and Assam Excise Act, 1910 (E. B. and Assam Act 1 of 1910) (hereinafter referred to as the Act). They raise certain common questions of constitutional law, and have, therefore, been heard together, and will be disposed of by this Judgement. Though there are certain common features in the pattern of the proceedings relating to the settlement of certain country spirit shops, when they passed through the hierarchy of the authorities under the Act, the facts of each case are different, and have to be stated separately in so far as it is necessary to state them.
2. (I) Civil Appeal No. 668 of 1957. - The two appellants Nagendra Nath Bora and Ridananda Dutt are partners, the partnership having been formed in view of the Government notification dated November 30, 1956, amending rule 232 of the Assam Excise Rules, to the effect that the settlement of the country spirit shops which may be declared by the
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