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1952 Supreme(Pat) 68

S.K.DAS, NARAYAN, SARJOO PRASAD
Atma Ram Budhia – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sarjoo Prosad, J.

1. These three suits have been heard together because they raise a common question of law, viz.; whether Part III of the Bihar Finance Act, 1950 (Bihar Act, XVII of 1950) is without jurisdiction. This Act will be hereinafter called the impugned Act.

2. Title Suits Nos. 1 and 3 of 1952 were originally instituted in the court of the Subordinate Judge at Ranchi, while Title Suit No. 5 of 1951 was instituted in the court of Subordinate Judge at Gaya; but, in view of constitutional question involved in all these suits, they have been transferred to this Court for disposal. In Title Suit No. 1 of 1952 the plaintiff is the co-sharer partner of one Radhe Shyam Bus Service, Ranchi, and he also calls himself the President of the Bihar Motor Congress, an Association which, according to him, has been formed to look after and safeguard the interest of transport owners. In Title Suit No. 5 of 1951 there are a large number of plaintiffs who claim to hold licenses and permits for plying motor cabs, public service vehicles and public carriers for hire on different routes mentioned in their licenses. In other words, these suits are by the owners of motor vehicles as defined













































































































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