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september 1955

Supreme Court of India · 1955-09-29

BHIKAJI NARAIN DHAKRAS AND OTHERS vs THE STATE OF MADHYA PRADESH AND ANOTHER

Citation / case number
SC 1955/146
Court
Supreme Court of India
Petitioner
BHIKAJI NARAIN DHAKRAS AND OTHERS
Respondent
THE STATE OF MADHYA PRADESH AND ANOTHER
Bench
DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the C.P. & Berar Motor Vehicles (Amendment) Act, 1947, ruling that the term 'void' in Article 13(1) means void only to the extent of inconsistency with fundamental rights, and not entirely dead. The Court clarified that amendments made by the Constitution (First Amendment) Act, 1951, and the Constitution (Fourth Amendment) Act, 1955, revived the impugned Act, allowing it to operate again. The notification for taking over bus routes was deemed valid, as the Act was no longer inconsistent with Article 19(1)(g) post-amendment.

BHIKAJI NARAIN DHAKRAS AND OTHERS vs THE STATE OF MADHYA PRADESH AND ANOTHER · Niyam