Supreme Court · 1996 INSC 1430 · Decided 3 December 1996
State of Bihar and Ors v. Bihar Distillery LTD. ETC.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1430 · [1996] SUPP. 9 S.C.R. 479
- Case number
- CIVIL APPEAL No. 15112/1996
- Decided
- 3 December 1996
- Bench
- B.P. JEEVAN REDDY, K.S. PARIPOORNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
Bihar Excise (Amendment and Validating) Act, 1995-Act of 1995-Validity of Challenged-P1ice fu:ation of cowtfly liquor by Commis­ sioner of Excise-Enactment of Amending Act to provide stanaory basis and legislative impremature to the p1ice fu:ation done by the Commissionei--Held, enactment not in the facts of the case-Hence the validity cannot be impeached. A B c Enactment-Constitutionality of-Challenge to---Approach of the cowt in examining-Held, is to sta1t with the presumption of Constitutionality and D not with a view to pick holes.or to search defects of drafting. Judiciary
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