SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1979 Supreme(Pat) 134

S.K.JHA, M.P.VARMA
Shivjee Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Lal Narain Sinha in C.W.J.C. 999 and 1030/79, Chandramauli Kumar Prasad in C.W.J.C. 999/79, R.K. Garg in C.W.J.C. 1029/79, Shree Nath Singh, Madhukar Krishna Sinha, Shivanand Prasad Sinha, S.N.P. Sinha, Ganga Prasad Bimal in C.W.J.C. 1029 and 1030/79, T.N. Pandey in C.W.J.C. 1029/79, T.N. Prasad in C.W.J.C. 1030/79, Balbhadra Prasad Singh, Rana Pratap Singh No. 2 and Bharat Singh in C.W.J.C. 1046/79
For Respondents/Defendant: R.B. Mahto in C.W.J.C. 999, 1029, 1030 and 1046/79, Naseem Ahmad in C.W.J.C. 999 and 1046/79, Sudhir Kumar Sinha in C.W.J.C. 999/79, C.K. Sinha, S.K. Katriar in C.W.J.C. 1029/79, Harendra Prasad in C.W.J.C. 1030/79, Ram Suresh Roy, Sri Prakash Roy and Prabhakar Tekriwal in C.W.J.C. 1046/79

JUDGMENT :

S.K. Jha, J.

1. These cases involve an enquiry into the validity of the State Government notification no. S.O. 566 dated 27th of March, 1979 published in the Bihar Gazette Extraordinary of the same date. The notification in question has been purported to be issued in exercise of the powers conferred on the Government by Sub-section (4) of Section 19 of the Bihar and Orissa Excise Act, 1915 (Bihar and Orissa Act II of 1915) hereinafter to be referred to as the 1915 Act. By this notification, "the Governor of Bihar is pleased to prohibit throughout the State of Bihar the possession and/or consumption of any intoxicant other than Bhang and Tari by any person except a person specially authorised in this behalf or a holder of a licence, pass or permit duly granted in this behalf". The notification has been made effective from the 1st of April, 1979. There are two provisos to this provision in the notification to which reference may have to be made at an appropriate place. Suffice it to say that generally speaking by the impugned notification a complete prohibition on the possession and/or consumption of Intoxicating liquors--both country and foreign--has been imposed. The petit























































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top