JAMMU AND KASHMIR HIGH COURT
*R. C. Gandhi, A. K. Goel, G. D. Sharma, JJ.
Mehta Foods Pvt. Ltd. v. State of J. and K. and Others
| Table of Content |
|---|
| 1. maintainability of referencing previous rulings. (Para 1 , 4 , 5) |
| 2. challenge to the legality of tax increases. (Para 2 , 3) |
| 3. judicial discipline and proper legal process. (Para 6 , 12 , 13) |
| 4. refer to larger bench for conflicting decisions. (Para 7 , 8 , 10) |
| 5. decision on maintainability of the reference. (Para 14) |
1. By virtue of the reference made by the Division Bench, writ petitions were taken up for hearing. Before touching the merits of the case, at the very outset, learned Advocate General representing the respondents, contended to canvass the maintainability of the reference made by the Division Bench of this Court for hearing and deciding the petitions by a Larger Bench, in presence of the law laid down by a Full Bench of this Court in Girdhari Lal Anand Saraf v. State of J. and K. , AIR 1969 J and K 113, wherein the legality and constitutional validity of S.3 of the Levy of Tools Act , Samvat, 1995 (hereinafter to be referred to as the Act) has been held to be intra vires, which is also the subject - matter of challenge in the present writ petitions.
2. The matrix of the case is that the petitioners in this batch of petitions, have invoked the extraord
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