Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Writ jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 226 – Writ jurisdiction of High Court under – Exercise of – Dispute involving question of facts – Amenability to writ jurisdiction of the High Court – On facts, appellant company produced electricity for its own consumption and the surplus energy was supplied to the Bihar State Electricity Board (BSEB) – Issuance of notice to appellant demanding electricity duty and penalty on electricity that it was supplying to BSES – Writ petition by appellant challenging the imposition – Set aside by the High Court holding that the dispute between the parties is factual in nature and that the appellant should exercise alternate remedy provided in the 1948 Act – On appeal, held: Existence of an alternative remedy does not by itself bar the High Court from exercising its jurisdiction in certain contingencies – In view of the law on the rule of alternate remedy, the High Court can exercise its writ jurisdiction if the order of the authority is challenged for want of authority and jurisdiction, which is a pure question of law – Test for the determination of a question of law is whether the rights of the parties before the court can be determined without reference to the facts of the case – Petitions challenged the power/jurisdiction of the State Government to levy tax on sale of electricity to Electricity Boards – Issues raised are questions of law which require a comprehensive reading of the Electricity Act, and no adjudication of facts is required – Thus, is amenable to the writ jurisdiction of the High Court – High Court erred in declining to entertain the writ petition – Judgment of the High Court is set aside – Bihar Electricity Duty Act, 1948. Art. 226 – Writ Jurisdiction of High Court – Exercise of, in presence of alternative remedy – General Principles. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 539 |
Petitioner | M/s Magadh Sugar & Energy Ltd. |
Respondent | The State Of Bihar & Ors. |
SCR | [2021] 9 S.C.R. 284 |
Judgement Date | 2021-09-24 |
Case Number | 5728 |
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