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PETITIONER: THE STATE OF ASSAM
Vs.
RESPONDENT: A. N. KIDWAI, COMMISSIONER OF HILLSDIVISION AND APPEALS,SH
DATE OF JUDGMENT: 31/01/1957
BENCH:
ACT: Revenue Tribunal, transfer of powers of-Enactment authoris- ing Provincial Government to appoint Appellate Authority- Legality-If an excessive delegation of legislative Power- Notification by Government making such appointment-Validity’ Repugnancy--Assam Revenue Tribunal (Transfer of Powers) Act, 1948 (Assam IV Of 1948), s. 3(3)-Government of India Act, 1935 (25 & 26 Geo. 5. Ch. 42), S. 296-Eastern Bengaland Assam Excise Act (Eastern Bengal and Assam 1 of 1910), S. 9 (2).
HEADNOTE: These appeals by the State of Assam and some other parties from a number of judgments of the High Court of Assam, passed under Art. 226 of the Constitution, quashing certain orders of the Appellate Authority appointed by the Governor of Assam by a Notification under s. 3(3) of the Assam Revenue Tribunal (Transfer of Powers) Act, 1948, dated July 5, 1955, raised the common question of the vires of that section and the validity of the Notification by which the Commissioner of Hills Division and Appeals was appointed the Appellate Authority. in 1955 rival claimants applied for the grant of licenses and settlement of country spirit shops for the year 1956-57 and parties dissatisfied with the orders of the Deputy Commissioner and those of the 2...