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Patna High Court quashes Bihar Prohibition of Liquor Act


Patna High Court on 30 September 2016 quashed Bihar government notification completely banning liquor in the state. The court said that the notification is ultra vires to the Constitution.
●    A division bench of the court comprising Chief Justice Iqbal Ahmed Ansari and Justice Navaniti Prasad Singh quashed the 5 April 2016 notification of the state government to stop consumption and sale of alcohol in the state.
●    The court in its verdict said that the notification is ultra vires to the Constitution, hence not enforceable. 
●    The same bench had on 20 May 2016 reserved its order on a batch of writ petitions filed by Liquor Trade Association and many individuals challenging the liquor law which has stringent penal provisions.
●    Ultra vires means beyond one's legal power or authority. If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires.
 

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