Barium Chemicals Ltd. vs Government Of India And Ors. on 6 February, 1987
In view of the above, the ruling in Sudha v. State (supra) is overruled.
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Sm. Sudha Devi vs State Of Bihar And Ors. on 5 July, 1956
Harendra Prasad Singh vs State Of Bihar And Anr. on 6 August, 1984
The later view in Umashankar Prasad San v. State of Bihar (supra) primarily followed Smt. Sudha Devi's case. Herein again the matter was decided at the motion stage itself without being adequately canvassed. An added reason was" sought to be given by the Bench that Section 32B does not use the word "abate' as Section 32A does. This aspect has been already considered in detail and the distinction, far from any way aiding the case of the writ petitioner, has been found to boomerang on the same. For the earlier reasons recorded and equally with greater deference, this judgment also must be overruled as not laying down the law correctly.
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