STATE OF BOMBAY Vs. R M D CHI MARBAUGWALA ADVOCATE GENERAL OF MYSORE INTERVENER

JUDGEMENT

(1.) This is an appeal by the State of Bombay from the judgment and order passed on 12th January 1955 by the court of Appeal of the High Court of Judicature of Bombay confirming, though on somewhat different grounds, the judgment and order passed on 22nd April 1954, by a single judge of the said High Court allowing with costs the present respondents' petition under Art. 226 of the Constitution of India. The said petition was presented before the High Court of Judicature at Bombay on 18 December 1952.

(2.) The allegations appearing in the said petition and affidavit may now be shortly stated. In July, 1946, the first petitioner applied for and obtained from the then Collector of Bombay a licence, being Licence No. 84 of 1946, for the period ending 31st March 1947, to conduct what was Known as the Littlewood's Football Pool Competitions in India. That licence was granted to the first petitioner under the Provisions of the Bombay Prize Competitions Tax Act, (Bom. XI of 1939) (hereinafter referred to as the 1939 Act), which was then in force.

(3.) In the meantime, in view of the delay and difficulty in obtaining a renewal of the licence in Bombay, the first petitioner on or about August 1948, shifted his activities Bombay to the State of Mysore, where he promoted and on 26th February 1949, got incorporated a company under the name R.M D.C. (Mysore) Limited, which was the second petitioner in the High Court and is the second respondent before us.