HARLA Vs. STATE OF RAJASTHAN
LAWS(SC)-1951-9-6
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on September 24,1951

HARLA Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

JOHNSON V. SARGANT [REFERRED]



Cited Judgements :-

SUMAN CHAKRAVARTHY VS. UNION OF INDIA AND ORS. [LAWS(KER)-2021-2-112] [REFERRED TO]
JITENDER SINGH RANGTA AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2020-7-48] [REFERRED TO]
UNION OF INDIA VS. RUCHI SOYA INDUSTRIES LTD [LAWS(KAR)-2021-5-38] [REFERRED TO]
SUKHBIR SINGH AND OTHERS VS. THE HARYANA SCHOOL EDUCATION BOARD, BHIWANI [LAWS(P&H)-1990-3-111] [REFERRED TO]
P. VENKATACHALAM VS. TAHSILDAR [LAWS(MAD)-2022-6-120] [REFERRED TO]
TRILOK SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-8-46] [REFERRED TO]
TOMS COLLEGE OF ENGINEERING VS. APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY [LAWS(KER)-2020-8-405] [REFERRED TO]


JUDGEMENT

- (1.)The appellant was convicted under S. 7, Jaipur Opium Act and fined Rs.50. The case as such is trivial but the High Court of Rajasthana in Jaipur granted special leave to appeal as an important point touching the vires of the Act arises. We will state the facts chronologically.
(2.)It is conceded that the Rulers of Jaipur had full powers of Government including those of legislation. On 7-9-1922, the late Maharaja died and at the time of his death his successor, the present Maharaja, was a minor. Accordingly, the Crown representative appointed a Council of Ministers to look after the Government and administration of the State during the Maharaja's minority
(3.)On 11-12-1923, this Council passed a Resolution which purported to enact the Jaipur Opium Act, and the only question is whether the mere passing of the Resolution without promulgation or publication in the Gazette, or other means to make the Act known to the public, was sufficient to make it law. We are of opinion that it was not. But before giving our reasons for so holding, we will refer to some further facts.
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