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.