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1979 Supreme(Pat) 200

S.SARWAR ALI, B.S.SINHA
Bikarama Dubey – Appellant
Versus
Hrishikesh Singh – Respondent


Advocates appeared:
For the petitioners: M/s Prem Lall & Damodar Pd. Tiwary
For the Opposite-parties : M/s Ramji Sharan & Keshri Kishore Sharan II.

JUDGMENT :

Sarwar Ali, A.C.J. :

This is one of those cages which high lights the fact that inexpert drafting and failure to give proper thought and attention to the language of an enactment, by the draftsman, leads to complication and litigation. These could have been avoided if an important legislation like the Bihar Consolidation of Holdings and Prevention of Fragmentation Act 1956 had been given that care and consideration which a law of far reaching consequence demands. It is my experience with such inept drafting and failure to fully appreciate the consequences there of, that has led me to advocate outside the Court, the establishment of a law commission in the State, having a statutory status. Recently in the Full Bench Decision of this Court in Ramkrit Singh Vs. State of Bihar we have emphasised the desirability of establishment of such a commission. The present case not only strengthens me in this view but induces me to highlight again this aspect in the judgment, realising fully that the Courts should be slow to put forth suggestions, unless in Interest of justice and proper administration of law requires them to do so. In my view, the presence of both these elements in the































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