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september 2003

Supreme Court of India · 2003-09-04

State Of Bihar And Ors vs Industrial Corporation Pvt. Ltd. And ...

Citation / case number
AIR 2004 SUPREME COURT 1151
Court
Supreme Court of India
Petitioner
State Of Bihar And Ors
Respondent
Industrial Corporation Pvt. Ltd. And ...
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed whether the State of Bihar can impose penalties for loss or wastage of molasses under the Bihar Molasses (Control) Act, 1947 and the Bihar Excise Act, 1915. The Court held that the imposition of penal duties for alleged shortfalls in molasses must be substantiated by clear evidence of loss and that the recovery of such penalties from the respondents was not justified without proper legal basis. Consequently, the Court upheld the Patna High Court's decision to allow the writ petitions filed by the respondents, thereby quashing the notices issued for penal duties.

State Of Bihar And Ors vs Industrial Corporation Pvt. Ltd. And ... · Niyam