Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Sugar Undertakings (Acquisition) Act 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Bihar Sugar Undertakings (Acquisition) Act, 1985:Act providing for acquisition and transfer of sugar undertaking in theState-Validity of-Held, Act within the legislative competence of the Statesince the legislation falls under Entry 42 of List !JJ-Acquisition and requisitionof property-Object and purpose for which the Act was enacted-Discussed-inclusion of alcohol industries in the list of scheduled industries in 1951 Actdoes not detract legislative power of States to acquire distilleries sinceacquisition is different from control and regulation of industries-1985 Actand 1978 Act do not overlap the same field thus 1985 Act not invalid-Constitution of India, 1950-Articles 246, 254(1) and Entry 42 of List II{-Industries (Development and Regulation) Act, 1951-Sugar Undertaking[Taking over of Management] Act, 1978.State issuing notification to acquire certain sugar mills of a party on29.10. 78-Party selling one of its distillery to third party on 5. 6.83-Subsequentnotification withdrawing earlier notification-Sugar undertakings taken overby Ordinance of 1985 replaced by Act of 1985-Whether distillery sold tothird party cover~d by the 1985 Act-Held, yes since section 4(4)(ii)(e) nullifiesall alienations effected after 29.10.78 of the properties and taking over of thesame-Scope and applicability of section 4(4)(ii)(e)-Discussed |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 2003 INSC 100 |
Petitioner | Shri Krishna Gyanoday Sugar Ltd. And Anr. |
Respondent | State Of Bihar |
SCR | [2003] 2 S.C.R. 75 |
Judgement Date | 2003-02-18 |
Case Number | 12598 |
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