M/S. SHIVAM ENTERPRISES AND ORS. vs THE STATE OF BIHAR STATE OF BIHAR AND ORS. THROUGH THE CHIEF SECRETARY — C.A. No. 1880 - 1889/2003

Case under Section XVI. Status: DISPOSED.

CNR: SCIN010235102002

DISPOSED

Filing Date

29-Nov-2002

Registration No

C.A. No. 1880 - 1889/2003

Diary Number

23510/2002

Order Date

18-Jul-2018

Document Type

ROP - of Main Case

Disposal Type

Disposed Off

Data as of 18-Jun-2026

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Acts & Sections

Section XVI

Petitioner(s)

M/S. SHIVAM ENTERPRISES AND ORS.

Adv. RAJIV SHANKAR DVIVEDI

Respondent(s)

THE STATE OF BIHAR STATE OF BIHAR AND ORS. THROUGH THE CHIEF SECRETARY

Adv. GOPAL SINGH

Hearing History

Judge: HON'BLE MR. JUSTICE RANJAN GOGOI and HON'BLE MRS. JUSTICE R. BANUMATHI

18-Jul-2018

Next Week / Week Commencing / C.O.Week

17-Jul-2018

Next Week / Week Commencing / C.O.Week

08-May-2018

Next Week / Week Commencing / C.O.Week

03-May-2018

Next Week / Week Commencing / C.O.Week

02-May-2018

Next Week / Week Commencing / C.O.Week

Orders

14-May-2007 ROP
23-Apr-2007 ROP
26-Mar-2007 ROP
23-Feb-2007 ROP
08-Dec-2006 ROP
19-Sep-2006 ROP
28-Mar-2005 ROP
17-Nov-2003 ROP
03-Nov-2003 ROP
View Full Judgment
casestatus.in Summary

Summary In this entry tax case, the Supreme Court set aside the High Court's dismissal of Shivam Enterprises' challenge to Bihar's entry tax levy. The Court found the High Court had decided the discriminatory nature of the tax without establishing foundational facts and applied outdated legal principles. The Court remanded the case to the High Court for fresh determination within three months, directing it to examine whether the levy violates Article 304(a) of the Constitution under the Jindal Stainless Steel precedent. Deposited tax amounts remain held pending the High Court's fresh decision. This case analysis is maintained by casestatus.in based on publicly available court records.

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