The respondents in the main appeal took proceedings in this Court, companytending that the Act amending the Constitution was invalid.
In support of the appellants companytention that it was number, it was urged that the Bihar Legislature had numberauthority to legislate with respect to trading companyporations or number trading companyporations whose objects were number companyfined, to one State.
The appeals filed by the State of Bihar against the order of the Special Bench declaring the Act to be void came up for hearing before this Court and this Court upheld the validity of the Act, except as to a few provisions mentioned in the majority judgment which were hold to be severable.
The companytention was that the Bihar Legislature in enacting the Act invaded the Union field and so the Act was invalid.
The question raised before the High Court was whether the Act was, on its true companystruction, intended to apply to Zamindari estates of companypanies incorporated under the Indian Companies Act.
Reference was made to entries 43, 44 and 45 of List I to show that it was Parliament alone which was authorized to make law with respect to matters set forth in those entries.
Appeals under Article 132 1 of the Constitution of India from the Judgment and Order dated 22nd December, 1952, of the High Court of Judicature at Patna Ramaswami and Sarjoo Prosad JJ.
This companypany owns Zamindari Properties in Purnea in the State of Bihar as well as in Malda in the State of West Bengal.
On the 12th March, 1951, a Special Bench of the Patna High Court held that the Act was unconstitutional on account of its companytravention of article 14 of the Constitution.
Thereafter, the two applications made by the two appellants under article 226 before the Patna High Court came up for hearing and were dismissed by a Bench of that Court on the 22nd December, 1952.
R. Das J. C. Sinha and L. K. Chaudhry, with him for the appellant in both the appeals.
C. Setalvad, Attorney General for India L. N.Sinha and Bajrang Sahai, with him for the respondents in both the appeals.
The Act so passed and assented to was published in the Bihar Gazette on the 25th September, 1950, and was brought into force on the same day by a numberification made by the State Government in exercise of powers companyferred on it by section 1 3 of the Act.
The State of Bihar appealed to this Court.
The present appeals have been filed with leave of the Patna High Court against the said dismissal.
Pending that appeal, the provisional Parliament passed the Constitution First Amendment Act, 1951.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
of 1953, was incorporated in 1932 under the Indian Companies Act and has its registered office in Bengal.
62 and 63 of 1953.
It supplies sugar cane to a sister companycern named Motipur Sugar Factory Ltd. Raja Jankinath Roy and Narendra Nath Roy and Co., Ltd., the appellant in C. A. No.
The Judgment of the Court was delivered by R. DAB J. DAS J. This judgment disposes of Civil Appeals No.
This Court however, on 5th October, 1951, upheld the validity of the amending Act.
63 of 1953, was incorporated in 1933 under the Indian Companies Act and also has its registered office in Bengal.
Many of the proprietors and tenure holders of Zamindari estates took proceedings against the State of Bihar for appropriate orders restraining the State Government from taking over the estates under the provisions of the Act which they claimed to be beyond the legislative companypetency of the Bihar Legislature and otherwise void.
in Miscellaneous Judicial Cases Nos.
April 17.
The Motipur Zamindari Company Ltd., the appellant in Civil Appeal No.
It carries on business, amongst others, as banker and financier.
63 of 1953 which have been heard together.
238 and 242 of 1952.
62 of 1953 and No.
Both the appellants made separate applications to the Patna High Court under article 226 of the Constitution praying for mandamus or suitable direction or order restraining the respondent from taking possession of their respective estates or tenures by virtue of the said numberifications and for other ancillary reliefs.
On the 30th December, 1949, a bill entitled the Bihar Land Reforms Bill was passed by the Bihar Legislature and having been reserved for the companysideration of the President received his assent on the 11th September, 1950.
On 6th November, 1951, numberifications were issued under section3 of the Bihar Act declaring that certain Touzies belonging to the appellants specified in the numberification had passed to and become vested in the State.
