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october 1954

Supreme Court of India · 1954-10-08

ZAVERBHAI AMAIDAS vs THE STATE OF BOMBAY.

Citation / case number
SC 1953/1430
Court
Supreme Court of India
Petitioner
ZAVERBHAI AMAIDAS
Respondent
THE STATE OF BOMBAY.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,JAGANNADHADAS, B.,BOSE, VIVIAN,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that Article 254(2) of the Constitution, mirroring Section 107(2) of the Government of India Act, establishes that central legislation prevails over state legislation when both are competent to legislate on the same matter. The Court found that Section 7 of the Essential Supplies (Temporary Powers) Act, 1946, as amended by Act LII of 1950, is applicable to the same subject matter as the Bombay Act XXXVI of 1947. Consequently, the Bombay Act cannot prevail against the central Act, leading to the dismissal of the appellant's revision petition against his conviction under Section 7 of the Essential Supplies Act.

ZAVERBHAI AMAIDAS vs THE STATE OF BOMBAY. · Niyam