KESHAVAN MADHAVA MENON Vs. STATE OF BOMBAY
LAWS(SC)-1951-1-2
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on January 22,1951

KESHAVAN MADHAVA MENON Appellant
VERSUS
STATE OF BOMBAY Respondents


Referred Judgements :-

LORD TENTERDEN IN SURTEES V. ELLISON [REFERRED]
J.K. GAS PLANT MANUFACTURING CO.,(RAMPUR) LTD.,AND OTHERS V. KING EMPEROR [REFERRED]



Cited Judgements :-

G V JAYACHANDRA CHOWDARY VS. GOVT OF A P [LAWS(APH)-2004-4-54] [REFERRED TO]
V SURYANARAYHANA PRABHAKARA GUPTA VS. UNION OF INDIA [LAWS(APH)-2011-8-69] [REFERRED TO]
SAURASHTRA CEMENT AND CHEMICALS INDUSTRIES LIMITED VS. UNION OF INDIA [LAWS(GJH)-1992-8-22] [REFERRED TO]
H MSUBBARAYA SETTY AND SONS VS. S KPALANI CHETTY AND SONS [LAWS(KAR)-1952-2-1] [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [LAWS(SC)-1973-4-33] [RELIED ON]
PUNJAB STATE ELECTRICITY BOARD PATIALA VS. ASHOK KUMAR SEHGAL [LAWS(P&H)-1989-7-11] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI VS. UNION OF INDIA & ANOTHER [LAWS(SC)-2018-7-41] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI VS. UNION OF INDIA & ANOTHER [LAWS(SC)-2018-7-41] [REFERRED TO]
SHAH PREMCHAND VS. SHAH DANMAL [LAWS(RAJ)-1953-4-23] [REFERRED TO]
LAXMI NARAIN VS. MADANLAL [LAWS(RAJ)-1959-11-16] [REFERRED TO]
SHRIMATI BUDHNI MAHOTAIN AND ANOTHER VS. GOBARDHAN AND BHOGTA ALIAS GOBRA AND OTHERS [LAWS(PAT)-1983-7-19] [REFERRED TO]
MOBD ARIF VS. BIBI JAMILA KHATOON [LAWS(PAT)-1988-8-25] [REFERRED TO]
STATE BANK OF INDIA VS. P ZADENGA [LAWS(GAU)-2009-1-6] [REFERRED TO]
IMTILEMBA SANGTAM VS. SPEAKER [LAWS(GAU)-2014-11-11] [REFERRED TO]
SINGH ENGINEERING WORKS VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1953-2-26] [REFERRED TO]
MAHMOOD HASAN KHAN VS. BHIKHARI LAL [LAWS(ALL)-1953-4-26] [REFERRED TO]
ZIAULLAH KHAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1955-4-16] [REFERRED TO]
NAND RAM CHHOTEY LAL VS. KISHORI RAMAN SINGH [LAWS(ALL)-1961-12-23] [REFERRED TO]
ANWAR ALI SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-1951-8-4] [REFERRED TO]
PARTAP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1962-4-13] [REFERRED TO]
P L MEHRA VS. D R KHANNA [LAWS(DLH)-1970-9-15] [REFERRED TO]
KISHENDAS VS. INDO CARNATIC BANK IN LIQUIDATION [LAWS(APH)-1957-12-16] [REFERRED TO]
SUNDARAGIRI KISHAN RAO VS. SANGAM MATHURA BAI [LAWS(APH)-1960-2-5] [REFERRED TO]
P M SINGH VS. C B I [LAWS(DLH)-2007-10-293] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. KARAN BIHARI THAPAR [LAWS(DLH)-2010-9-314] [REFERRED TO]
I ISMAIL KUTTY VS. ASSTT COLLECTOR OF CENTRAL EXCISE TRIVANDRUM [LAWS(KER)-1990-10-12] [REFERRED TO]
T.N.BETTASWAMAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2019-12-178] [REFERRED TO]
G SUNDARRAJAN VS. UNION OF INDIA REP BY SECRETARY MINISTRY OF RURAL DEVELOPMENT [LAWS(MAD)-2018-9-7] [REFERRED TO]
TATA STEEL LTD VS. ATMA TUBE PRODUCTS LTD [LAWS(P&H)-2013-3-85] [REFERRED TO]
KRISHNA KUMAR SINGH & ANR. VS. STATE OF BIHAR & ORS. [LAWS(SC)-2017-1-10] [REFERRED TO]
MANOHAR SHETTY VS. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DAKSHINA KANNADA DISTRICT [LAWS(KAR)-2018-11-98] [REFERRED TO]
BIHAR CHAMBER OF COMMERCE VS. STATE [LAWS(PAT)-1995-3-28] [REFERRED TO]
MEENAKSHI SHARMA VS. STATE OF J&K AND OTHERS [LAWS(J&K)-2017-11-27] [REFERRED TO]
RAM CHAND VS. THE STATE OF HARYANA ETC. [LAWS(P&H)-1971-4-17] [REFERRED TO]
FIRM UDAIRAJ BANKATLAL VS. COMMISSIONER CIVIL SUPPLIES RAJASTHAN [LAWS(RAJ)-1951-10-17] [REFERRED TO]
LAKSHMI LAL VS. BHAGWAT SINGH MEHTA [LAWS(RAJ)-1951-9-8] [REFERRED TO]
NATHURAM VS. PATRAM [LAWS(RAJ)-1959-12-2] [REFERRED TO]
BABOOSINGH ONKAR SINGH VS. BHAGWANJI TEJMAL [LAWS(MPH)-1963-4-5] [REFERRED TO]
SHANTI BAI VS. BIHARILAL [LAWS(MPH)-1964-10-9] [REFERRED TO]
PRAGYA SINGH CHANDRAPALSINGH THAKUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-4-170] [REFERRED TO]
NARESH CHANDRA SANYAL VS. UNION OF INDIA [LAWS(CAL)-1952-4-16] [REFERRED TO]
THANSINGH NATHMAL AND ORS. VS. A. MAJID, SUPERINTENDENT OF TAXES AND ORS. [LAWS(GAU)-1955-7-9] [REFERRED TO]
JAGANNATH VS. AUTHORISED OFFICER LAND REFORMS [LAWS(SC)-1971-10-48] [REFERRED TO]
ANDHRA PRADESH STATE CO-OPERATIVE SOCIETIES, SECRETARIES AND EMPLOYEES UNION VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2002-9-120] [REFERRED]
TIRUPATI UDYOG LTD VS. UNION OF INDIA [LAWS(APH)-2010-7-132] [REFERRED TO]
H M SUBBARAYA SETTY AND SONS VS. S K PALANI CHETTY AND SONS [LAWS(KAR)-1952-2-2] [REFERRED TO]
BABULAL AND OTHERS VS. GOWARDHANDAS AND OTHERS [LAWS(MPH)-1955-10-16] [REFERRED TO]
ISMAIL KUTTY VS. ASSISTANT COLLECTOR OF CENTRAL EXCISE [LAWS(KER)-1991-10-56] [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. ALAVI [LAWS(KER)-1998-4-32] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. CHELSFORD CLUB LTD [LAWS(DLH)-2011-5-151] [REFERRED TO]
MOTI RAM VS. UNION OF INDIA [LAWS(HPH)-1965-4-2] [REFERRED TO]
OM PRAKASH SHRIVASTAVA ALIAS BABLOO SHRIVASTAVA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2009-10-120] [REFERRED TO]
MAGMA LEASING LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-7-53] [REFERRED TO]
PALITANA SUGAR MILL PRIVATE LIMITED VS. STATE OF GUJARAT [LAWS(GJH)-2000-11-44] [REFERRED TO]
GAURANG BALVANTLAL SHAH VS. UNION OF INDIA [LAWS(GJH)-2018-12-12] [REFERRED TO]
MALLANAIKA VS. ASSISTANT COMMISSIONER TIPTUR SUB DIVISION TIPTUR [LAWS(KAR)-1991-9-19] [FOLLOWED]
BHUBANESWAR PRASAD SINGH DEO VS. STATE OF ORISSA [LAWS(ORI)-1982-9-14] [REFERRED TO]
PARBHATI VS. BHONRELAL [LAWS(RAJ)-1953-9-37] [REFERRED TO]
GAYA PARSHAD VS. BASDEO [LAWS(RAJ)-1956-11-36] [REFERRED TO]
STATE OF RAJASTHAN VS. SUNITA GUPTA [LAWS(RAJ)-1993-4-24] [REFERRED TO]
MAHENDRA LAL JAINI VS. STATE OF UTTAR PRADESH [LAWS(SC)-1962-11-2] [DISCUSSED]
STATE OF ORISSA IN BOTH THE APPEALS STATE OF ORISSA IN BOTH THE APPEALS H R S MURTHY VS. M A TULLOCH AND CO :MISRILAL JAIN:M A TULLOCH AND CO [LAWS(SC)-1963-8-1] [RELIED ON]
G P NAYYAR VS. STATE DELHI ADMINISTRATION [LAWS(SC)-1978-12-22] [REFERRED TO]
MONNET ISPAT AND ENERGY LTD VS. UNION OF INDIA [LAWS(SC)-2012-7-59] [REFERRED TO]
SYED QASIM RAZVI VS. STATE OF HYDERABAD [LAWS(SC)-1953-1-8] [REFERRED]
CHEMBAKAVE VADAKKEKKARA LAKSHMI VS. NELLISSERI GRAMAM NARAYANASWAMI IYER [LAWS(KER)-1963-2-18] [REFERRED TO]
RANI RAJ RAJESHWARI DEVI VS. STATE OF U P [LAWS(ALL)-1954-3-8] [REFERRED TO]
V NARASIMHA MURTHY S/O LATE VENKATARAMANAPPA VS. SANTHOSH J [LAWS(KAR)-2019-2-61] [REFERRED TO]
VOL : 4; SUNNI CENTRAL BOARD OF WAQFS AND ORS VS. GOPAL SINGH VISHARAD AND ORS [LAWS(ALL)-2010-9-629] [REFERRED]
GAJANAN S/O. TULSHIRAM DEOLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-4-77] [REFERRED TO]
PASCHIM BANGA MALBAHI CYCLE MAZDOOR UNION VS. COMMISSIONER OF POLICE CALCUTTA [LAWS(CAL)-1960-7-5] [REFERRED TO]
WEST BENGAL STATE CO OPERATIVE BANK LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-10-96] [REFERRED TO]
MOHAMMAD HYDER VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1960-1-3] [REFERRED TO]
VEERNATH VS. STATE OF HYDERABAD [LAWS(APH)-1957-7-30] [REFERRED TO]
J.C. PATEL VS. N.R.M. PONNAYYA NADAR AND ANR. [LAWS(MAD)-1958-8-38] [REFERRED TO]
MEENAKSHI MILLS LTD VS. STATE OF MADRAS [LAWS(MAD)-1951-4-35] [REFERRED TO]
NOORUNISSA BEGUM VS. BRIJ KISHORE SANGHI [LAWS(SC)-2015-2-119] [REFERRED TO]
LACHMANDAS KEWALRAM VS. STATE OF BOMBAY HABEEB MOHAMIMD [LAWS(SC)-1952-5-6] [REFERRED TO]
D K NABHIRAJIAH VS. STATE OF MYSORE [LAWS(SC)-1952-5-9] [REFERRED]
M P V SUNDARARAMIER AND COMPANY VS. STATE OF ANDHRA PRADESH [LAWS(SC)-1958-3-5] [REFERRED]
SARWARLAL MIL SHAH SARWAR ALI VS. STATE OF HYDERABAD [LAWS(SC)-1960-3-39] [RELIED ON]
KAISER I HIND PRIVATE LIMITED VS. NATIONAL TEXTILE CORPORATION MAHARASHTRA NORTH LIMITED [LAWS(SC)-2002-9-58] [REFERRED]
JOHN VALLAMATTOM VS. UNION OF INDIA [LAWS(SC)-2003-7-65] [REFERRED]
S L SRINIVASA JUTE TWINE MILLS P LTD VS. UNION OF INDIA [LAWS(SC)-2006-2-23] [REFERRED TO]
SANGAM SPINNERS VS. REGIONAL PROVIDENT FUND COMMISSIONER I [LAWS(SC)-2007-12-23] [REFERRED TO]
LANGKHANPAU GUITE VS. STATE OF MANIPUR [LAWS(MANIP)-2018-4-10] [REFERRED TO]
GAYA PRASAD JAGANNATH PRASAD VS. UNION OF INDIA [LAWS(MPH)-1980-7-22] [REFERRED TO]
EXCEL WEAR ACME MANUFACTURING CO LTD VS. UNION OF INDIA [LAWS(SC)-1978-9-20] [DISCUSSED AND DISTINGUISHED]
MANGALAM TIMBER PRODUCTS LTD. VS. STATE OF ORISSA [LAWS(ORI)-2008-2-58] [REFERRED TO]
STATE VS. ONKAR SINGH MAKHAN SINGH [LAWS(P&H)-1954-8-2] [REFERRED TO]
NARESH KUMAR PODDAR VS. UNION OF INDIA [LAWS(CAL)-2021-1-33] [REFERRED TO]
GEORGE CHADAYAMMURI VS. STATE [LAWS(KER)-1951-12-5] [REFERRED TO]
K O VARKEY VS. STATE OF KERALA [LAWS(KER)-1968-7-13] [REFERRED TO]
CHEEKERE KARIYAPPA POOVAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-1993-10-2] [FOLLOWED ON]
SETH JUGMENDAR DAS VS. STATE [LAWS(ALL)-1951-4-9] [REFERRED TO]
BRIJ LAL SURI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1953-12-12] [REFERRED TO]
SHEEN GOLDEN JEWELS (INDIA) PVT. LTD. VS. STATE TAX OFFICER(IB)-1, INVESTIGATION BRANCH [LAWS(KER)-2019-1-148] [REFERRED TO]
THE NEW INDIA ASSURANCE COMPANY LTD VS. P.CHANDRAN [LAWS(KER)-2016-7-207] [REFERRED TO]
GWALIOR DISTILLERIES LIMITED VS. M P MADHYA KSHETRA VIDYUT VITRAN COMPANY [LAWS(MPH)-2011-10-6] [REFERRED TO]
M K AZAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1983-12-9] [REFERRED]
DEVI RAM VS. CHET RAM [LAWS(HPH)-1995-4-6] [REFERRED TO]
Dheeraj Kanwar VS. State of H.P. [LAWS(HPH)-2010-7-196] [REFERRED TO]
P.HEMAMALINI VS. K.PALANI MALAI [LAWS(MAD)-2021-8-139] [REFERRED TO]
Veernath VS. State of Hyderabad [LAWS(APH)-1957-4-9] [REFERRED TO]
LAXMAN PRASAD JANGDE VS. STATE OF C G [LAWS(CHH)-2008-9-32] [REFERRED TO]
STATE OF BOMBAY VS. HEMAN SANTLAL ALREJA [LAWS(BOM)-1951-7-12] [REFERRED TO]
SRINIVASA AIYAR VS. SARASWATHI AMMAL [LAWS(MAD)-1951-9-33] [REFERRED TO]
VALLABHANDNI LAKSHMANA SWAMY VS. VALLURU BASAVAIAH [LAWS(APH)-2004-4-113] [REFERRED]
TATA IRON AND STEEL CO. LTD. VS. STATE OF BIHAR [LAWS(PAT)-1955-10-16] [REFERRED TO]
BALJINDER SINGH VS. RATTAN SINGH [LAWS(SC)-2008-8-150] [REFERRED TO]
MAHABIR PARSHAD VS. COMMR OF INCOME-TAX [LAWS(P&H)-1952-7-37] [REFERRED TO]
BRITISH MEDICAL STORES VS. L BHAGIRATH MAL [LAWS(P&H)-1954-8-3] [REFERRED TO]
SITA RAM KALA RAM VS. UNION OF INDIA UOI NEW DELHI [LAWS(P&H)-1954-9-9] [REFERRED TO]
CHAKOO BHAI GHELABHAI VS. STATE OF ORISSA [LAWS(ORI)-1955-9-3] [REFERRED TO]
FERRODOUS ESTATES (PVT.) LIMITED VS. P. GOPIRATHNAM [LAWS(SC)-2020-10-23] [REFERRED TO]
VIJAY MADANLAL CHOUDHARY VS. UNION OF INDIA [LAWS(SC)-2022-7-97] [REFERRED TO]
BANSHIDHAR VS. STATE [LAWS(RAJ)-1976-10-17] [REFERRED TO]
ADHUNIK GRIH NIRMAN SAHKARI SAMITI MARYADIT VS. STATE OF M.P. [LAWS(MPH)-2012-11-104] [REFERRED TO]
MOHAMAD HYDAR VS. STATE OF HYDERABAD [LAWS(APH)-1952-7-3] [REFERRED TO]
DINESH KUMAR SONI S/O LATE RAMJI PRASAD SONI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-6-33] [REFERRED TO]
BIRESWAR SIRKAR VS. COLLECTOR OF CENTRAL EXCISE CALCUTTA ORISSA [LAWS(CAL)-2002-5-35] [REFERRED TO]
JAIN TRANSPORT AND GENERAL TRADING CO VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1956-12-17] [REFERRED TO]
RANGA REDDY DISTRICT PRADESH PANCHAYAT RAJ DEPARTMENT HYDERABAD VS. STATE OF A P [LAWS(APH)-2004-1-74] [REFERRED TO]
G V JAYACHANDRA CHOWDARY VS. GOVT OF A P [LAWS(APH)-2004-4-45] [REFERRED TO]
K K POONACHA VS. STATE OF KARNATAKA [LAWS(SC)-2010-9-64] [REFERRED TO]
GAMMON INDIA LTD VS. SPL CHIEF SECRETARY [LAWS(SC)-2006-2-1] [REFERRED TO]
INDUKURU RAMACHANDRAREDDY VS. AGNIGUNDALA [LAWS(APH)-2011-10-76] [REFERRED TO]
MEENAKSHI MILLS LIMITED MADURAI VS. A V VISVANATHA SASTRI [LAWS(SC)-1954-10-4] [FOLLOWED]
BEHRAM KHURSHID PESIKAKA VS. STATE OF BOMBAY [LAWS(SC)-1954-9-1] [REFERRED]
KAMAKHYA PLASTICS P LTD VS. STATE OF ASSAM [LAWS(GAU)-2011-3-66] [REFERRED TO]
RAMESH CHANDRA SHRIVAS VS. MURTI RAMCHANDRAJI [LAWS(MPH)-2003-11-27] [REFERRED TO]
PRITAM KAUR VS. STATE OF PEPSU [LAWS(P&H)-1957-9-4] [REFERRED TO]
AJIT SINGH VS. STATE OF PUNJAB AND ANR. [LAWS(P&H)-1965-10-44] [REFERRED TO]
RAVI ELECTRONICS THRO PROPREITOR VS. ASSISTANT COMMERCIAL TAX COMMISSIONER [LAWS(GJH)-2012-12-150] [REFERRED TO]
MANGALA SHRIDHAR VS. THE KARNATAKA GOVERNORS SECRETARIAT OFFICE [LAWS(KAR)-2014-9-340] [REFERRED TO]
PUNJAB STATE ELECTRICITY BOARD PATIALA VS. ASHOK KUMAR SEHGAL [LAWS(P&H)-1989-7-5] [REFERRED TO]
SABANA @ CHAND BAI VS. MOHD. TALIB ALI [LAWS(RAJ)-2013-10-41] [REFERRED TO]
RAJ RAJENDRA SARDAR MALOJI NARSING RAO VS. SHANKAR SARAN [LAWS(ALL)-1957-8-11] [REFERRED TO]
BABU VS. MUNICIPAL BOARD KHERI [LAWS(ALL)-1975-4-24] [REFERRED TO]
RAMA VARMA BHARATHAN THAMPURAN VS. STATE OF KERALA [LAWS(KER)-1978-12-12] [REFERRED TO]
TARAK CHANDRA MUKHERJEE VS. RATAN LAL GHOSAL [LAWS(CAL)-1956-12-8] [REFERRED TO]
AMRITLAL DAS VS. GOVT. OF ASSAM AND ORS. [LAWS(GAU)-1953-12-5] [REFERRED TO]
HIRANMOY BHATTACHERJEE AND ANR. VS. STATE OF ASSAM AND ANR. [LAWS(GAU)-1954-5-12] [REFERRED TO]
MAA CHANDI STONE CRUSHING VS. STATE OF ODISHA & OTHERS [LAWS(ORI)-2016-6-16] [REFERRED TO]
STATE (DELHI ADMINISTRATION) VS. G P NAYYAR, [LAWS(DLH)-1967-1-22] [REFERRED TO]
P N BALASUBRAMANIAN VS. UNION OF INDIA [LAWS(DLH)-1975-7-6] [REFERRED]
FARZAND ALI VS. STATE OF U.P. [LAWS(ALL)-2018-7-340] [REFERRED TO]
UNION OF INDIA VS. MADAN GOPAL KABRA [LAWS(SC)-1953-12-5] [REFERRED]
RAO SHIV BAHADUR SINGH VS. STATE OF VINDHYA PRADESH [LAWS(SC)-1953-5-6] [REFFERED]
PANNALAL BINJRAJ VS. UNION OF INDIA [LAWS(SC)-1956-12-5] [REFERRED]
STATE OF UTTAR PRADESH VS. MOHAMMAD NOOH [LAWS(SC)-1957-9-19] [REFERRED]
MUNICIPAL COUNCIL GUNA VS. KRISHNA PAL [LAWS(MPH)-2016-7-23] [REFERRED TO]
RAO MANOHAR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1953-10-22] [REFERRED TO]
PHILIP KIRO AND JOHN KUJUR VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2009-10-76] [REFERRED TO]
LAXMI NARAIN SINGH VS. ADDL. MEMBER BOARD OF REVENUE [LAWS(PAT)-2017-1-84] [REFERRED TO]
ARUVENDRA KUMAR GARG VS. STATE OF U P [LAWS(ALL)-2002-3-98] [REFERRED TO]
MON MOHAN KOHLI VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(DLH)-2021-12-252] [REFERRED TO]
LT. COL. PRASAD SHRIKANT PUROHIT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-4-53] [REFERRED TO]
MONI BANERJI VS. COLLECTOR OF LAND CUSTOMS [LAWS(CAL)-1952-6-18] [REFERRED]
NABHA RICE AND OIL MILLS NABHA VS. STATE OF PUNJAB [LAWS(P&H)-1963-2-3] [REFERRED TO]
JAWAHARLAL CHUNNILAL VS. RAMKRISHNA MALIK ALIAS JAFARMAL [LAWS(MPH)-1961-12-14] [REFERRED TO]
ASHISH MIDDHA VS. INSTITUTE OF COMPANY SECRETARIES OF INDIA [LAWS(DLH)-2011-2-16] [REFERRED TO]
COMMISSIONER OF CUSTOMS (PREVENTIVE) VS. GOYAL TRADERS [LAWS(GJH)-2011-8-260] [REFERRED TO]
S B International LTD VS. Asstt Director General of Foreign Trade [LAWS(CAL)-1994-4-17] [REFERRED TO]
KUKADAP KRISHNA MURTHY, DEFENDANT, JUDGMENT VS. GODMATLA VENKATA RAO DIED PER L. RS. G. SRINIVASA MURTHY AND ANOTHER [LAWS(APH)-1957-7-39] [REFERRED TO]
STATE OF GUJARAT VS. AMBICA MILLS LTD [LAWS(SC)-1974-3-40] [EXPLAINED .]
BENNETT COLEMAN AND CO LTD VS. UNION OF INDIA [LAWS(BOM)-1986-1-19] [REFERRED TO]
IN RE: C.G. MENON AND ANR. VS. STATE [LAWS(MAD)-1953-2-26] [REFERRED TO]
MYSORE SPINNING AND MANUFACTURING CO VS. DEPUTY COMMERCIAL TAX OFFICER MADRAS [LAWS(MAD)-1956-10-18] [REFERRED TO]
NEW KRISHNA BHAVAN VS. COMMERCIAL TAX OFFICER NOIV CIRCLE ADDL BANGALORE [LAWS(KAR)-1959-12-23] [REFERRED TO]
SYED TARUJ AHMED VS. STATE OF A P [LAWS(APH)-2013-12-131] [REFERRED TO]
GAURANG BALVANTLAL SHAH S/O. BALVANTLAL SHAH VS. UNION OF INDIA [LAWS(GJH)-2018-11-57] [REFERRED TO]
A. NEELAKANTA IYER VS. STATE OF TRAVANCORE-COCHIN AND OTHERS [LAWS(KER)-1954-7-27] [REFERRED TO]
S C S MENON VS. UNIVERSITY OF COCHIN [LAWS(KER)-1986-3-5] [REFERRED TO]
MAHANT NARAYANA DESSJIVARU VS. STATE OF ANDHRA HYDERABAD [LAWS(APH)-1958-11-3] [REFERRED TO]
IAG COMPANY LIMITED VS. TRIVENI GLASS LIMITED [LAWS(CAL)-2004-2-81] [REFERRED TO]
S K MITTAL VS. UNION OF INDIA [LAWS(DLH)-2009-5-180] [REFERRED TO]
RAKESH BIHARI AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-169] [REFERRED TO]
DELUX HOSIERY VS. PRESIDING OFFICER EMPLOYEES PROVIDENT FUND COMMISSIONER [LAWS(DLH)-2006-10-21] [REFERRED TO]
NISAR AHMED HAJI SAYED BILAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-4-270] [REFERRED TO]
CHIEF SUPERINTENDENT, CENTRAL TELEGRAPH OFFICE, CAL. VS. KRISHNA CHANDRA CHATTERJEE [LAWS(CAL)-1955-7-32] [REFERRED TO]
STATE OF WEST BENGAL VS. BON BEHARI MONDAL [LAWS(CAL)-1960-5-2] [REFERRED TO]
KHAIRATI LAL VS. DISTRICT JUDGE, JAMMU [LAWS(J&K)-1971-9-5] [REFERRED TO]
JAMI RAMESH VS. STATE OF ORISSA AND OTHERS [LAWS(ORI)-2019-4-31] [REFERRED TO]
RAJA HARMAHENDRA SINGH VS. PUNJAB STATE [LAWS(P&H)-1952-8-16] [REFERRED TO]
KARAM SINGH VS. NIHAL KHAN [LAWS(ALL)-1957-4-16] [REFERRED TO]
DHANI RAM AND ANOTHER VS. JOKHU AND OTHERS [LAWS(ALL)-1969-11-38] [REFERRED TO]


JUDGEMENT

- (1.)At all material times the petnr. who is the applt. before us, was the Secretary of People's Publishing House, Ltd., and company incorporated under the Companies Act with its registered office at 195-B Khetwadi Main Road in Bombay. In sep, 1949 a pamphlet entitled "Railway Mazdooron ke khilaf Nai Zazish" is alleged to have been published in Bombay by the petnr. as the secretary of that Co. Learned counsel for the petnr, states that the pamphlet was published as a "book" within the meaning of S. 1, Press and Registration of Books Act (XXV [25] of 1867) and that the provisions of that Act had been duly complied with. The Bombay Govt. authorities, however, took the view that the pamphlet was a "news sheet" within the meaning of S. 2 (6), Press (Emergency Powers) Act, 1931, and that as it had been published without the authority required by S.15 (1) of that Act, the petnr. had committed an offence punishable under S.18 (1) of the same Act. A prosecution under that Act was accordingly started against the petnr, in the Ct. of the Chief Presidency Mag. Bombay, and was registered as case No, 1102/P of 1949. During the pendency of the proceedings the Constitution of India came into force on 26-1-1950. On 3-3-1950 the petnr. filed a written statement submitting, inter alia, that the definition of "news sheet" is given in S. 2 (6) Press (Emergency Powers) Act, 1931 and Ss.15 and 18 thereof were ultra vires and void in view of Art. 19 (1) (a) read with Art. 13 and that the hearing of the case should be stayed till the H. C, decided that question of law. This was followed up by a petn filed in the H. C. on 7-3-1950 under Art. 228 of the Constitution, praying that the record of the case No. 1102/P of 1949 be sent for, that it be declared that Ss, 15 and 18 read with S. 2 (6) and (10), in so far as they create liability for restrictive measure for a citizen are ultra vires of Art. l9 (1) (a) and are, therefore, void and inoperative and that the petnr, be ordered to be acquitted. During the pendency of this petn. the Chief Presidency Mag, on 23-3-1950 framed a charge against the petnr. under S.18, Press (Emergency Powers) Act, 1931.
(2.)The petn. under Art. 228 was heard on 12-4-1950 by a Bench of the Bombay H. C.
consisting of Chagla C. J. and Bavdekar and Shah JJ. Two questions were raised before the Bench, namely : (1) Whether ss. 15 (1) and 18 (1) read with the definitions contained in Ss. 2 (6) and S (10), Press (Emergency Powers) Act, 1931 were inconsistent with Art. 19 (1) (a) read with cl. (2) of that article and (2) Assuming that they were inconsistent, whether the proceedings commenced under S. 18 (1) of that Act before the commencement of the Constitution could nevertheless be proceeded with

(3.)The H. C. considered it unnecessary to deal with or decide the first question and disposed of the appln. only on the second question. The H. C. took the view that the word "void" was used in Art. 13 (1) in the sense of "repealed" and that consequently it attracted S. 6, General Clauses Act, which Act by Art. 367 was made applicable for the interpretation of the Constitution. The H. C., therefore, reached the conclusion that proceedings under the Press (Emergency Powers) Act, 1931, which were pending at the date of the commencement of the Constitution were not affected, even if the Act were inconsistent with the fundamental rights conferred by Art.19 (1) (a) and as such became void under Art 13 (1) of the Constitution after 26-1-1950. The H. C. accordingly answered the second question in the affirmative and dismissed the petnr's appln. The petnr. has now come up on appeal before us on the strength of certificate granted by the H. 0. under Art. 132 (1) of the Constitution.
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