Vadivammal & Anr VS. Rani & Others

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Vadivammal & Anr VS. Rani & Others

The Judgement Information System CASE NO.: Appeal (civil) 905 of 2002

PETITIONER: Oma Ram RESPONDENT: State of Rajasthan and Ors DATE OF JUDGMENT: 21/04/2008

BENCH: Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT: J U D G M E N T

REPORTABLE

CIVIL APPEAL NO. 905 of 2002 With (CIVIL APPEAL NO.291 OF 2004, CIVIL APPEAL NO.3575 OF 2002, CIVIL APPEAL NO.4562 of 2002 and CIVIL APPEAL

NO.906 of 2002) Dr. ARIJTI PASAYAT, J.

1. In all these appeals challenge is to the judgment of the Rajasthan High Court at Jodhpur dismissing the writ petitions filed under Articles 226 and 227 of the Constitution of India, 1950 (in short the 'Constitution'). Challenge in the writ petitions was to the vires of certain provision of the Rajasthan Excise Act, 1950 (in short the 'Act'). Essentially the prayers were as follows: "(a) appropriate writ, order or direction, incorporation of Sec. 54(ka) and Sub-Sections (4) to (9) in Section 69 of the Excise Act may be declared ultra-vires and be struck down;

(b) by an appropriate writ, order or direction, amendment in the Excise Act, 1950 by incorporation of Section 9B may be declared ultra- vires and be struck down;

(c) by a further appropriate, writ, order or direction impugne...

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