Supreme Court of India · 1959-09-14
THE STATE OF BIHAR vs HIRALAL KEJRIWAL AND ANOTHER
- Citation / case number
- SC 1958/85
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BIHAR
- Respondent
- HIRALAL KEJRIWAL AND ANOTHER
- Bench
- SUBBARAO
Judgment text excerpt
The Supreme Court held that the Cotton Textiles (Control of Movement) Order, 1948 was saved by Section 16 of the Essential Commodities Ordinance, 1955, and continued in force under Section 16(2) of the Essential Commodities Act, 1955. The Court clarified that the first part of Section 16 of the Ordinance saved the Order and acts done under it, while the second part saved past acts. The Court found that the Order was not repealed by Section 16(i)(b) of the 1955 Act, as it referred to laws other than the Ordinance. The appeal was dismissed under Article 136, as the matter was stale and public interest did not warrant resuscitation.