Supreme Court of India · 1957-02-12
HANSRAJ MOOLJI vs THE STATE OF BOMBAY
- Citation / case number
- SC 1956/112
- Court
- Supreme Court of India
- Petitioner
- HANSRAJ MOOLJI
- Respondent
- THE STATE OF BOMBAY
- Bench
- BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,IMAM, SYED JAFFER,MENON, P. GOVINDA,KAPUR, J.L.
Judgment text excerpt
The Supreme Court held that the High Denomination Bank Notes (Demonetisation) Ordinance, 1946, remained in force beyond April 1, 1946, due to the deletion of the six-month limitation in Section 72 of the Government of India Act, 1935, by Section 1(3) of the India and Burma (Emergency Provisions) Act, 1940. The court clarified that the Ordinance was equated with Acts passed by the Indian Legislature and continued until repealed. The appellant's argument that the Ordinance lapsed on April 1, 1946, was rejected, affirming the prosecution's maintainability under the Ordinance.