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february 1957

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 The court clarified that the Ordinance was equated with Acts passed by the Indian Legislature and continued until repealed.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.

HANSRAJ MOOLJI vs THE STATE OF BOMBAY · Niyam