HIGH COURT OF MADHYA PRADESH
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(1.)THIS is a reference Under Section 432 (1), Cr. PC from the Subordinate Judge-Magistrate, 1st class, Bhopal. The question referred is: "whether the Bhopal Cattle Slaughter (Restrictions) Ordinance, 1949, is 'intra vires' of the Chief Commissioner, Bhopal?"
(2.)THE question arose in a trial of four persons, the non-applicants, for an offence Under Section 10 of the Ordinance. The learned Magistrate is of the view that it is not 'intra vires' of the Chief Commissioner inasmuch as there is nothing in the Ordinance to indicate (a) that it was necessitated by any emergency, and (b) that it was made and promulgated for the peace and good Government of the Bhopal State or part thereof, as required Under Section 12, Bhopal Legislative Council Act, 1922, as amended by such Act (No. I of 1940), under which it was made and promulgated by the Chief Commissioner.
(3.)THE Bhopal Cattle Slaughter (Restrictions) Ordinance, 1949, was promulgated by the Chief Commissioner, Bhopal, on 13-12-1949. A similar question in respect of the Bhopal Premises (Requisition and Eviction) Ordinance (30 of 1949) promulgated by the chief Commissioner on 30-8-1949, arose for consideration and decision by Shri Tribeni Saran, Additional Judicial Commissioner of this Court in ? 'bharat Pictures v. State of Bhopal', Misc. Civil Appln. No. 9 of 1950, D/- 17-2-1951 (Bhopal) (A), and the question has been very elaborately discussed with reference to the provisions of all the relevants laws, at pages 11 to 23 of the order, The learned A. J. C. held that the said Ordinance was not 'ultra vires'.
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