MAQBOOL HUSSAIN Vs. STATE OF BOMBAY
LAWS(SC)-1953-4-4
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 17,1953

MAQBOOL HUSSAIN Appellant
VERSUS
STATE OF BOMBAY Respondents


Referred Judgements :-

COOPER V. WILSON [REFERRED]
MAHADEV GANESH JAMSANDEKAR V. THE SECRETARY OF STATE FOR INDIA [REFERRED]
BHARAT BANK LIMITED DELHI VS. EMPLOYEES OF BHARAT BANK LTD [REFERRED]



Cited Judgements :-

ANIL BASAK VS. JAILER DUM DUM CENTRAL JAIL [LAWS(CAL)-1980-4-12] [REFERRED TO]
BAIG SALIM ABDUL RAZZAK VS. THE STATE OF MAHARASHTRA & ANR. [LAWS(BOM)-2016-12-197] [REFERRED TO]
RAM CHARAN GUPTA VS. UNION OF INDIA [LAWS(DLH)-2007-10-279] [REFERRED TO]
KALPESH NAVINDCHANDRA DAFTARY VS. STATE OF GUJARAT [LAWS(GJH)-2011-6-11] [REFERRED TO]
BUDHU SINGH VS. BOARD OF REVENUE [LAWS(ALL)-1957-5-18] [REFERRED TO]
BAL GOPAL DAS VS. MOHAN SINGH [LAWS(ALL)-1964-2-3] [REFERRED TO]
NIRMAL LAKRA VS. UNION OF INDIA [LAWS(DLH)-2002-9-96] [REFERRED]
RAZIUDDIN NASIR S/O MOHAMMAD NASIRUDDIN VS. STATE OF GUJARAT [LAWS(GJH)-2017-5-57] [REFERRED TO]
AGARWAL TRADING CORPORATION VS. ASSISTANT COLLECTOR OF CUSTOMS [LAWS(CAL)-1960-6-22] [REFERRED TO]
BASANTA KUMAR SEN VS. COLLECTOR OF LAND CUSTOMS CALCUTTA [LAWS(CAL)-1960-6-23] [REFERRED TO]
MOHANDAS ISSARDAS VS. A N SATTANATHAN COLLECTOR OF CUSTOMS [LAWS(BOM)-1954-8-2] [REFERRED TO]
STATE OF MAHARASHTRA VS. DEVSI DOSA [LAWS(BOM)-1959-10-9] [REFERRED TO]
BARNICE DOMNIC MIRANDA VS. THE STATE [LAWS(BOM)-1973-11-23] [REFERRED TO]
ABHISHEK AGARWALLA VS. INDIAN BANK [LAWS(BOM)-2020-9-307] [REFERRED TO]
STATE OF GUJARAT VS. KAMLASHANKER BHULESHWAR [LAWS(GJH)-1963-4-1] [REFERRED]
GIREESAN VS. INDIAN OVERSEAS BANK [LAWS(KER)-1993-12-14] [REFERRED TO]
JAWAHAR AGRAWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-5-85] [REFERRED TO]
ABHISHEK GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-55] [REFERRED TO]
GAYCO PRIVATE LIMITED VS. A A KHWAJA [LAWS(DLH)-1970-12-18] [REFERRED 15.]
BHAGWANDAS GOENKA VS. UNION OF INDIA [LAWS(MAD)-1960-2-34] [REFERRED TO]
SINGAM JITEN SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2019-11-15] [REFERRED TO]
D R SHIVAPPA GOWDA VS. CHIEF SECRETARY ZILLA PARISHAD [LAWS(KAR)-1987-12-19] [FOLLOWED ON]
THAKUR JUGAL KISHORE SINHA VS. SITAMARHI CENTRAL CO OPERATIVE BANK LIMITED [LAWS(SC)-1967-3-7] [REFERRED TO.]
OMAX ENGINEERING WORKS VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2016-4-4] [REFERRED TO]
S A VENKATARANAN PETITIONER VS. UNION OF INDIA [LAWS(SC)-1954-3-17] [FOLLOWED]
GOVERNMENT OF TAMIL NADU VS. COMMISSIONER OF PROHIBITION AND EXCISE [LAWS(MAD)-2014-11-137] [REFERRED TO]
JITENDRA PANCHAL VS. INTELLIGENCE OFFICER NCB [LAWS(SC)-2009-2-134] [REFERRED TO]
BIMAL KUMAR DAMANI VS. COMMISSIONER OF INCOME-TAX [LAWS(CAL)-2003-1-27] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. ASIT BARAN BANERJEE [LAWS(CAL)-2007-5-44] [REFERRED TO]
DATTU PANT VS. ADVYA CHARI [LAWS(APH)-1955-12-12] [REFERRED TO]
ASHOK CHANDAK VS. STATE OF AP [LAWS(APH)-2010-5-8] [REFERRED TO]
J. C. UMA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-2-1] [REFERRED TO]
RINA CHANDA VS. SITANGSHU SEKHAR CHANDA [LAWS(GAU)-1997-1-2] [REFERRED TO]
GREEN VIEW TEA AND INDUSTRIES VS. COLLECTOR GOLAGHAT [LAWS(GAU)-1998-6-3] [FOLLOWED ON]
CALCUTTA MOTOR AND CYCLE CO VS. COLLECTOR OF CUSTOMS [LAWS(CAL)-1955-8-15] [REFERRED TO]
BISWANATH KUNDU VS. BIMALA DAS [LAWS(CAL)-1978-7-36] [REFERRED TO]
ARUN GANESH PHANSALKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1973-9-4] [REFERRED TO]
KAMALASHANKER BHULESHANKER DAVE VS. STATE OF GUJARAT [LAWS(GJH)-1961-9-5] [REFERRED TO]
C J PALU VS. ASSISTANT COLLECTOR OF CENTRAL EXCISE TRICHUR [LAWS(KER)-1990-4-18] [REFERRED TO]
G.S. THAKUR VS. STATE OF GUJARAT AND ANR. [LAWS(GJH)-2017-9-92] [REFERRED TO]
AMOL CHAVHAN VS. JYOTI CHAVHAN [LAWS(MPH)-2011-11-20] [REFERRED TO]
DHARAMSALA BHAI VIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1970-9-46] [REFERRED]
BERNADO STEENHOLF ULTRICH VS. COLLECTOR OF CUSTOMSCOCHIN [LAWS(KER)-1959-11-9] [REFERRED TO]
NANAPPAN PILLAI VS. STATE OF KERALA [LAWS(KER)-1977-2-16] [REFERRED TO]
ABDUL KALAM AZAD VS. STATE [LAWS(MAD)-2020-2-308] [REFERRED TO]
MUTHA PREMRAJ VS. ASSTT COMMERCIAL TAX OFFICER [LAWS(RAJ)-2002-4-65] [REFERRED TO]
UNION OF INDIA C T A PILLAI STATE OF KARNATAKA UNION OF INDIA STATE OF MAHARASHTRA STATE OF KARNATAKA D J SHIRARAM THE STATE OF KARNATAKA UNION OF INDIA VS. BHANUDAS KRISHNA GAWDE:RAMESH RAMLAL NARANG:SHRI GURUNATH KULKARNI:TEJRAJ GHAMANDIRAM GOWANI:P T SANGHVI:SARASWATAMMA:THE COMMR OF POLICE BANGALORE:C R SATISH AND OTH [LAWS(SC)-1977-1-62] [RELIED ON]
STATE OF PUNJAB VS. BARKAT RAM [LAWS(SC)-1961-8-20] [REFERRED]
OM KUMAR VS. STATE [LAWS(J&K)-2001-5-8] [REFERRED TO]
BADRIDASS KANHAIYALAL VS. APPELLATE TRIBUNAL OF STATE TRANSPORT AUTHORITYRAJASTHAN [LAWS(RAJ)-1959-4-15] [REFERRED TO]
STATE OF JHARKHAND THROUGH SP, CBI VS. LALU PRASAD @ LALU PRASAD YADAV [LAWS(SC)-2017-5-7] [REFERRED TO]
SUN PRESSINGS (P) LTD VS. PRESIDING OFFICER, EMPLOYEES’ PROVIDENT FUND APPELLATE TRIBUNAL [LAWS(MAD)-2024-6-36] [REFERRED TO]
MD SAKIR ANSARI @ SAKIR MIYAN VS. STATE OF BIHAR [LAWS(PAT)-2013-10-66] [REFERRED TO]
SANGEETABEN MAHENDRABHAI PATEL VS. STATE OF GUJARAT [LAWS(SC)-2012-4-26] [REFERRED TO]
COAL MINES OFFICERS ASSOCIATION OF INDIA VS. UNION OF INDIA [LAWS(CAL)-1995-3-11] [REFERRED TO]
PRAKASH ROADLINES PVT LIMITED VS. UNION OF INDIA [LAWS(DLH)-1973-11-14] [REFERRED]
JAY SHIV KUSHWAHA VS. UNION OF INDIA [LAWS(ALL)-2002-4-163] [REFERRED TO]
R.P. INFOSYSTEMS LIMITED VS. ADJUDICATION AUTHORITY [LAWS(CAL)-2023-8-117] [REFERRED TO]
NAZIR ABDUL RAHMAN EL NOU NOU VS. S VENKATESAN, ADDL COLLR , CUS [LAWS(CAL)-1960-3-35] [REFERRED]
TARA DUTT VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1991-1-3] [REFERRED TO]
JOGINDER GULATI VS. IO DRI NEW DELHI [LAWS(DLH)-2010-1-273] [REFERRED TO]
TALLURI SRINIVAS VS. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA [LAWS(DLH)-2010-11-72] [REFERRED TO]
NARAYANA PILLAI VS. STATE OF KERALA [LAWS(KER)-2014-2-98] [REFERRED TO]
THOMAS ARUJA VS. K.V. MANOJ AND ORS. [LAWS(KER)-2015-3-102] [REFERRED TO]
PRAHLAD NEEMA VS. UNION OF INDIA [LAWS(MPH)-2004-8-26] [REFERRED TO]
AMOL CHAVHAN VS. JYOTI CHAVHAN [LAWS(MPH)-2011-11-78] [REFERRED TO]
VELAYUDHAN NAIR VS. STATE [LAWS(KER)-1977-1-20] [REFERRED TO]
BRAJNANDAN SINHA VS. JYOTINARAIN [LAWS(SC)-1955-11-15] [REFERRED TO]
SURAJ PARKASH VS. RETURNING OFFICER [LAWS(J&K)-2001-9-6] [REFERRED TO]
KRIPALDAS VS. GOVERNMENT OF INDIA [LAWS(RAJ)-1966-3-26] [REFERRED TO]
COLLECTOR OF CUSTOMS MADRAS VS. LALA GOPIKISSEN GOKULDASS [LAWS(MAD)-1954-8-12] [REFERRED TO]
SITA RAM GURDAS MAL VS. COLLECTOR OF CENTRAL EXCISE NEW DELHI [LAWS(P&H)-1957-5-13] [REFERRED TO]
NORTH EASTERN CHEMICALS INDUSTRIES (P) LTD VS. ASHOK PAPER MILL(ASSAM) LTD [LAWS(SC)-2023-12-14] [REFERRED TO]
PRADEEP KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2015-5-327] [REFERRED TO]
RAMAN KUMAR SAXENA VS. STATE OF U P [LAWS(ALL)-2008-12-304] [REFERRED TO]
RAGHUNANDAN PRASAD MOHAN LAL VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(ALL)-1969-11-14] [REFERRED TO]
MORESHWAR S O DEORAOJI DATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-7-78] [REFERRED TO]
MAFATLAL FINANCE COMPANY LIMITED VS. PRANATHI FINANCE LEASING AND INVESTMENTS PRIVATE LIMITED [LAWS(BOM)-2000-11-38] [REFERRED TO]
BHIKUSA YAMUKSA KSHTRIYA PVT LTD VS. ASST COLLECTOR OF CENTRAL EXCISE AND CUSTOMS [LAWS(BOM)-2003-11-19] [REFERRED TO]
SECURITIES and EXCHANGE BOARD OF INDIA VS. CABOT INTERNATIONAL CAPITAL CORPORATION [LAWS(BOM)-2004-3-156] [REFERRED TO]
DINESH CHANDER SHARMA VS. NIRMALA DEVI [LAWS(HPH)-2020-1-129] [REFERRED TO]
IMRAN KHAN SARDAR KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-4-144] [REFERRED TO]
UNION OF INDIA VS. SHAMLAL DEY [LAWS(CAL)-1978-2-31] [REFERRED TO]
DELTA CAR PVT.LTD. VS. SANJIV SHAH [LAWS(APH)-2014-7-167] [REFERRED TO]
U P MATHUR VS. UNION OF INDIA [LAWS(GAU)-1998-5-9] [REFERRED TO]
MOHD SUBHAN VS. STATE [LAWS(J&K)-1955-8-2] [REFERRED TO]
J K SHARMA VS. UNION OF INDIA [LAWS(J&K)-1998-7-55] [REFERRED]
NETAJI PURSOTTAM BAHIRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1993-4-45] [REFERRED TO]
AMITKUMAR RAMCHANDRA LACHWANI VS. UNION OF INDIA AND ORS [LAWS(GJH)-2013-6-420] [REFERRED]
R.K.RANA @ RABINDRA KUMAR RANA VS. STATE OF JHARKHAND THROUGH C.B.I [LAWS(JHAR)-2013-5-7] [REFERRED TO]
CHAIRMAN AND TRUSTEE, CHIRAKKAL KOVILAKAM DEVASWOMS AND ANOTHER VS. STATE OF KERALA AND OTHERS [LAWS(KER)-2017-8-55] [REFERRED TO]
PALAI CENTRAL BANK LTD VS. STATE [LAWS(KER)-1961-12-10] [REFERRED TO]
K JOSEPH AUGUSTI VS. M A NARAYANAN OFFICIAL LIQUIDATOR THE PALAI CENTRAL BANK [LAWS(KER)-1962-7-23] [REFERRED TO]
STATE THROUGH INSPECTOR OF POLICE, CBI VS. S YUVARAJ [LAWS(MAD)-2017-8-466] [REFERRED TO]
PRADEEP KUMAR SETHY VS. STATE OF ODISHA & ANOTHER [LAWS(ORI)-2020-12-2] [REFERRED TO]
NARAIN SINGH HIRA SINGH VS. STATE [LAWS(P&H)-1958-3-2] [REFERRED TO]
S RAMACHANDRAN VS. SPECIAL COMMISSIONER AND COMMISSIONER FORLAND ADMINISTRATION CHEPAUK [LAWS(MAD)-2006-9-29] [REFERRED TO]
SMT. NANDINI SATPATHY VS. P.L. DANI AND ANR. [LAWS(ORI)-1978-1-16] [REFERRED TO]
P RAJANGAM SUB-INSPECTOR OF POLICE VS. STATE OF MADRAS [LAWS(MAD)-1958-8-15] [REFERRED TO]
NADIMUDDIN VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2015-9-152] [REFERRED TO]
BRIJ BHUKAN KALWAR VS. S [LAWS(PAT)-1954-8-1] [REFERRED TO]
VUDA NAGESH VS. STATE OF TELANGANA [LAWS(TLNG)-2023-1-109] [REFERRED TO]
STATE OF RAJASTHAN VS. HAT SINGH [LAWS(SC)-2003-1-37] [REFERRED TO]
A.P. POWER COORDINATION COMMITTEE AND ORS. VS. LANCO KONDAPALLI POWER LTD. AND ORS. [LAWS(SC)-2015-10-104] [REFERRED TO]
COMMISSIONER OF INCOME TAX JAIPUR VS. PRAKASH CHAND LUNIA (D) [LAWS(SC)-2023-4-111] [REFERRED TO]
SHAMSUL ISLAM VS. STATE OF U P [LAWS(ALL)-1998-7-34] [REFERRED TO]
SUKHDEV STEEL CUTTERS AND WELDERS VS. HONBLE SRI LALTA PRASAD JUDICIAL OFFICER [LAWS(ALL)-2005-5-142] [REFERRED TO]
CHEDDU VS. ABUL HASAN [LAWS(ALL)-1975-3-44] [REFERRED TO]
TATA TELESERVICES (MAHARASHTRA) LTD VS. UNION OF INDIA [LAWS(BOM)-2005-7-174] [REFERRED]
SOVACHAND MULCHAND VS. COLLECTOR OF CENTRAL EXCISE AND LAND CUSTOMS [LAWS(CAL)-1966-11-1] [REFERRED TO]
H.M. LEISURE VS. COMMISSIONER OF CUSTOMS, BANGALORE [LAWS(CE)-2002-7-65] [REFERRED TO]
MAMTA MANDAL VS. SUNIL MANDAL [LAWS(GAU)-1998-11-11] [REFERRED TO]
T SIVADASAN ASSISTANT BRANCH MANAGER, LIFE INSURAN VS. LIFE INSURANCE CORPORATION OF INDIA CENTRAL OFFICE [LAWS(KER)-2018-5-7] [REFERRED TO]
S. MUND CONSTRUCTIONS PRIVATE LIMITED VS. STATE OF ODISHA [LAWS(ORI)-2023-8-104] [REFERRED TO]
MANISH KUMAR CHAND VS. STATE OF BIHAR [LAWS(PAT)-2016-8-85] [REFERRED]
ASSISTANT COLLECTOR OF CUSTOMS BOMBAY BEHRAMJI MERWANJI DAMANIA VS. L R MELWANI :L R MELWANI [LAWS(SC)-1968-10-33] [RELIED ON]
SHIV DUTT RAI FATEH CHAND OM PRAKASH SHEO PRAKASH VS. UNION OF INDIA [LAWS(SC)-1983-5-21] [RELIED ON]
K I PAVUNNY VS. ASSISTANT COLLECTOR HQ CENTRAL EXCISE COLLECTORATE COCHIN [LAWS(SC)-1997-2-176] [REFERRED TO]
M. SHOBANA VS. ASSISTANT DIRECTOR, DIRECTORATE [LAWS(MAD)-2013-9-54] [REFERRED TO]
T.P. GOPALAKRISHNAN VS. STATE OF KERALA [LAWS(SC)-2022-12-60] [REFERRED TO]
JAINTENDRA KUMAR AGGARWAL VS. LAKSHMI KANT MUKT [LAWS(DLH)-1973-11-6] [REFERRED]
P JAWAHAR VS. S S PILLAI [LAWS(MAD)-1993-9-72] [REFERRED TO]
K K PUSHPAKARAN VS. UNION OF INDIA [LAWS(KER)-2007-11-4] [REFERRED TO]
LAXMIKANT AND ORS. VS. BUREAU OF INDIAN STANDARD ACT [LAWS(MPH)-2015-9-4] [REFERRED TO]
YOGENDRA KUMAR JAISWAL AND ORS. VS. STATE OF BIHAR AND ORS. [LAWS(SC)-2015-12-75] [REFERRED TO]
KANTILAL CHANDULAL AND CO VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1982-3-42] [REFERRED TO]
Y PANDURANGA SWAMY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1970-9-22] [REFERRED TO]
SONI HINDUJI KUSHALJI AND CO VS. COMMISSIONER OF INCOME TAX [LAWS(APH)-1971-4-3] [REFERRED TO]
PALRIWALA BROTHERS LTD VS. COLLECTOR OF CUSTOMS CALCUTTA [LAWS(CAL)-1957-12-4] [REFERRED TO]
CENTRAL CALCUTTA BANK LTD VS. STATE [LAWS(CAL)-1957-4-12] [REFERRED TO]
RAI HARENDRANATH CHAUDHURI VS. DAULATMANI CHAUDHURANI [LAWS(CAL)-1957-9-8] [REFERRED TO]
BROJO LAKSHMI PAUL VS. SAILENDRA NATH BANERJEE [LAWS(CAL)-1958-6-7] [REFERRED TO]
COLLECTOR OF CUSTOMS VS. CALCUTTA MOTOR AND CYCLE CO [LAWS(CAL)-1958-9-25] [REFERRED TO]
ASSISTANT COLLECTOR OF CUSTOMS FOR APPRAISEMENT VS. MERCANTILE EXPRESS CO LTD [LAWS(CAL)-1960-7-24] [REFERRED TO]
MONORANJAN BASU VS. REBECCA MUKHERJEE [LAWS(CAL)-1970-1-17] [REFERRED TO]
MANTON AND CO LTD VS. UNION OF INDIA [LAWS(CAL)-1978-3-58] [REFERRED TO]
ADANI EXPORTS LTD VS. MAHARASHTRA STATE ELECTRICITY BOARD [LAWS(BOM)-2003-1-11] [REFERRED TO]
KUSUMBEN AMBALAL SHAH & 2 VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2016-8-195] [REFERRED]
DATTATRAYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-10-134] [REFERRED TO]
VINNET GUPTA VS. STATE OF ASSAM [LAWS(GAU)-2016-6-18] [REFERRED TO]
NATWARLAL MOHANLAL KHARADI VS. STATE OF GUJARAT [LAWS(GJH)-1963-11-1] [REFERRED]
MULJIBHAI BHURABHAI VS. UPENDRA VYAS [LAWS(GJH)-2000-8-71] [REFFERED TO]
IN RE: PALAI CENTRAL BANK LTD. VS. STATE [LAWS(KER)-1962-12-39] [REFERRED TO]
D I G OF POLICE VS. SANKARAN [LAWS(KER)-1982-5-5] [REFERRED TO]
N. ATHIMOOLAM VS. INCOME TAX OFFICER [LAWS(MAD)-2010-8-663] [REFERRED TO]
K SUBRAMANIAN VS. INSPECTOR OF POLICE SPE CBI/BS AND FC CHENNAI [LAWS(MAD)-2011-7-350] [REFERRED TO]
ENFORCEMENT OFFICER ENFORCEMENT DIRECTORATE GOVT OF TAMIL NADU CHENNAI VS. RANJIV BATRA DIRECTOR M/S KIRAN OVERSEAS LTD [LAWS(MAD)-2011-7-376] [REFERRED TO]
JAIN SINGH VS. STATE OF HARYANA [LAWS(P&H)-1995-1-33] [REFERRED TO]
COMEX COMPANY VS. COLLECTOR OF CUSTOMS MADRAS I [LAWS(MAD)-1997-2-10] [REFERRED TO]
KISHORE CHANDRA PATEL VS. STATE [LAWS(ORI)-1993-7-8] [REFERRED TO]
ANATHA BANDHU MANDAL VS. STATE OF ORISSA [LAWS(ORI)-2012-6-24] [REFERRED TO]
RAMESH CHANDRA MEHTA DATTATRAYA WAMAN CHITNIS FATAKIA PUNAMCHAND RAMLALJI PUNAMCHAND RAMLALJI VS. STATE OF WEST BENGAL :H R SIYAM ASSISTANT COLLECTOR OF CUSTOMS BOMBAY:K K GANGULI ASSTT COLLECTOR OF CUSTOMS BOMBAY :DADY ADAVJI AMPTJER :V R R GAMES ASSISTANT COLLATOR OF CUSTOMS BOMBAY [LAWS(SC)-1968-10-32] [REFERRED TO]
INDO CHINA STEAM NAVIGATION COMPANY LIMITED INDO CHINA STEAM NAVIGATION COMPANY LIMITED VS. JASJIT SINGH ADDITIONAL COLLECTOR OF CUSTOMS CALCUTTA [LAWS(SC)-1964-2-2] [REFERRED]
PRAVIR KRISHN AND ORS. VS. K.K. DIXIT [LAWS(MPH)-2015-10-79] [REFERRED TO]
AMIT SINGH KUSHWAH VS. STATE OF M. P. [LAWS(MPH)-2019-6-14] [REFERRED TO]
KRISHNA NAIK, HYDERABAD VS. SECURITIES AND EXCHANGE BOARD OF INDIA [LAWS(TLNG)-2019-3-63] [REFERRED TO]
MAHENDRA KUMAR JAIN VS. APPELLATE RENT TRIBUNAL [LAWS(RAJ)-2021-7-123] [REFERRED TO]
EBRAHIM VAZLR MAVAT ANFL OTHERS VS. STATE OF BOMBAY [LAWS(SC)-1954-2-4] [REFERRED]
LEO ROY FREY THOMAS DANA VS. SUPERINTENDENT DISTRICT JAIL AMRITSAR:SUPERINTENDENT DIST JAIL AMRITSAR [LAWS(SC)-1957-10-1] [REFERRED]
RAJA NARAYANLAL BANSILAL VS. MANECK PHIROZ MISTRY [LAWS(SC)-1960-8-22] [REFERRED TO]
M SHAIKH DAWOOD VS. COLLECTOR OF CENTRAL EXCISE MADRAS [LAWS(MAD)-1960-4-3] [REFERRED TO]
CEMENT DISTRIBUTORS PRIVATE LIMITED VS. INSPECTING ASSISTANT COMMISSIONER [LAWS(MAD)-1971-4-15] [REFERRED TO]
KESHRIMAL GUPTA VS. STATE OF M P [LAWS(MPH)-1968-3-21] [REFERRED TO]
SURINDER SINGH VS. UNION OF INDIA [LAWS(MPH)-1991-9-6] [REFERRED TO]
SUBRAMANIAN SWAMY VS. ARUN SHOURIE [LAWS(SC)-2014-7-59] [REFERRED TO]
STATE OF NCT OF DELHI VS. SANJAY [LAWS(SC)-2014-9-11] [REFERRED TO]
RAM NAGEENA SINGH CONSTABLE/RPF/HRS(DIST HATHRAS) VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2018-3-260] [REFERRED TO]
RAM BAHAL VS. STATE OF U.P. [LAWS(ALL)-2021-9-52] [REFERRED TO]
PRABHA SAHU VS. STATE OF CHHATTISGARH THROUGH STATION HOUSE [LAWS(CHH)-2018-3-42] [REFERRED TO]
BAIDYANATH BASAK VS. UNION OF INDIA [LAWS(CAL)-1983-6-8] [REFERRED TO]
RAGHUNANDAN PRASAD MOHAN LAL BAREILLY VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(ALL)-1969-3-12] [REFERRED TO]
UTTAM AMBADASRAO GAWALI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-2-116] [REFERRED TO]
JITENDRA PANCHAL VS. INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU [LAWS(BOM)-2007-9-51] [REFERRED TO]
RAM SAHAY VS. INDO TIBETAN BORDER FORCE MHA [LAWS(DLH)-1999-5-16] [REFERRED]
NIYAJ AHAMAD ABDUL JABBAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-4-21] [REFERRED TO]
M SEETHARAMASWAMI AND CO VS. COMMERCIAL TAX OFFICER ELLURU [LAWS(APH)-1959-12-1] [REFERRED TO]
HARIPADA MOITRA VS. PRESIDENT CALCUTTA IMPROVEMENT TRIBUNAL [LAWS(CAL)-1969-6-7] [REFERRED TO]
SHIVA NANDAN SINHA VS. STATE OF WEST BENGAL [LAWS(CAL)-1953-7-18] [REFERRED TO]
S.M.DONGARWAR VS. PEC LIMITED [LAWS(DLH)-2013-7-456] [REFERRED TO]
BHUPINDER SINGH VS. PUNJAB & SIND BANK [LAWS(DLH)-2015-4-180] [REFERRED TO]
VADLAMANI SRINIVAS @ SRINIVAS VS. UNION OF INDIA, MINISTRY OF FINANCE [LAWS(APH)-2013-2-5] [REFERRED TO]
HARSIT MANDAL VS. STATE OF ASSAM [LAWS(GAU)-1996-10-14] [REFERRED TO]
S SANT SINGH VS. STATE OF J&K [LAWS(J&K)-1958-10-5] [REFERRED TO]
A.A. AKHOON & ORS. VS. STATE OF J&K & ORS. [LAWS(J&K)-1958-10-8] [REFERRED TO]
JAL HORMUSJI KHAJOTIA VS. T C SETH [LAWS(BOM)-1959-10-8] [REFERRED TO]
THINGUJAM TONA SINGH VS. PUYAM GULAP SINGH [LAWS(GAU)-1960-2-2] [REFERRED TO]
PIARA SINGH VS. STATE [LAWS(P&H)-1957-11-24] [REFERRED TO]
PARDUMAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1957-4-7] [REFERRED TO]
GULABRAI VS. STATE [LAWS(RAJ)-1961-3-2] [REFERRED TO]
KANWAR PAL SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2019-12-80] [REFERRED TO]
RAMAKRUSHNA PADHY VS. RAMESH CHANDRA DAS [LAWS(ORI)-1958-10-3] [REFERRED TO]
MITRA SANKAR NANDA VS. STATE OF ORISSA [LAWS(ORI)-2010-5-18] [REFERRED TO]
SONIA OVERSEAS PVT. LTD. VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2014-9-61] [REFERRED TO]
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RAVINDER SINGH AND ORS. VS. TEJINDER SINGH [LAWS(P&H)-2015-11-125] [REFERRED TO]
HIRA H ADVANI VS. STATE OF MAHARASHTRA [LAWS(SC)-1969-8-45] [REFERRED TO]
CHINTAMANRAO BALAJIRAO VS. DIGRAM BADLURAM [LAWS(MPH)-1959-8-10] [REFERRED TO]
MADAN LAL GOEL VS. COMMERCIAL TAX OFFICER AND ORS. [LAWS(ST)-2008-1-10] [REFERRED TO]
BABLU AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2020-7-8] [REFERRED TO]
JYOTISH KUMAR SAHA VS. STATE [LAWS(CAL)-1981-7-31] [REFERRED TO]
RANVEER SINGH VS. N.C.T. OF DELHI [LAWS(DLH)-2017-1-175] [REFERRED TO]
VINOD KUMAR KATHERIA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-167] [REFERRED TO]
IMRAN VS. STATE OF U P [LAWS(ALL)-2019-7-47] [REFERRED TO]
SUHEL AHMAD VS. STATE OF U.P. [LAWS(ALL)-2020-2-91] [REFERRED TO]
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AKASH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-7-67] [REFERRED TO]
SUPDT AND REMEMBRANCER OF LEGAL AFFAIRS WEST BENGAL VS. MAHENDRA SINGH [LAWS(CAL)-1978-9-29] [REFERRED TO]
M/S JAGATHI PUBLICATIONS LTD VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(APH)-2012-6-32] [REFERRED TO]
PRESIDENT MANIPUR PRADESH CONGRESS COMMITTEE VS. SPEAKAR MANIPUR LEGISLATIVE ASSEMBLY [LAWS(GAU)-1997-6-20] [REFERRED TO]
MASABBIR ALIMAJUMDAR VS. TAZAMUL ALIBASKAR [LAWS(GAU)-2004-4-28] [REFERRED TO]
RAM SARAN TEWARI VS. RAJ BAHADUR VARMA [LAWS(ALL)-1961-12-3] [REFERRED TO]
DHONDU HANMANT RESHIM VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-2-5] [REFERRED TO]
SYNERGY FERTICHEM PVT.LTD VS. STATE OF GUJARAT [LAWS(GJH)-2019-12-96] [REFERRED TO]
NANAK CHAND S/O BASANT SINGH VS. STATE OF H P [LAWS(HPH)-2016-8-332] [REFERRED TO]
SATINDER KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-8-61] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. HAJI AZIZ AND ABDUL SAKOOR BROS [LAWS(BOM)-1955-2-13] [REFERRED TO]
JYOTI TRADERS VS. S M GORE INCOME TAX OFFICER A 1 WARD BOM [LAWS(BOM)-1984-8-11] [REFERRED TO]
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MOHINDER PARTAP SINGH VS. DIRECTOR HEALTH SERVICES PUNJAB [LAWS(P&H)-1955-9-4] [REFERRED TO]
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DIRECTOR OF ENFORCEMENT VS. M C T M CORPORATION PRIVATE LIMITED [LAWS(SC)-1996-1-113] [RELIED ON]
HAJI AZIZ AND ABDUL SHAKOOR BROS VS. COMMISSIONER OF INCOME TAX BOMBAY CITY II [LAWS(SC)-1960-11-43] [REFERRED]
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COLLECTOR OF CUSTOMS MADRAS VS. A H A RAHIMAN [LAWS(MAD)-1956-11-15] [REFERRED TO]
MAHALINGA THEVAR VS. STATE OF TAMIL NADU [LAWS(MAD)-1957-4-27] [REFERRED TO]
BHAGWANDAS GOENKA VS. UNION OF INDIA [LAWS(MAD)-1960-12-17] [REFERRED TO]
RAINBOW TRADING CO VS. ASSISTANT COLLECTOR OF CUSTOMS APPRAISING DEPT [LAWS(MAD)-1962-10-14] [REFERRED TO]
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UNION OF INDIA VS. PURUSHOTTAM [LAWS(SC)-2015-1-8] [REFERRED TO]


JUDGEMENT

- (1.)This appeal by special leave from a judgment and order of the High Court of Judicature at Bombay raises an important question as to the construction of Art 20 (2) of the Constitution .
(2.)The appellant a citizen of Bharat arrived at the Santa Cruz airport from Jeddah on 6-11-l949. On landing he did not declare not that he had brought in gold with him but on search it was found that he had brought 107.2 tolas of gold in contravention of the notification of the Government of India dated 25-8-1948. The Customs authorities thereupon took action under S.167 CL (8). Sea Customs Act 8 of 1878 and confiscated the gold by an order dated 19-12-1949. The owner of the gold was, however, given the option to pay in lieu of such confiscation a fine of Rs. 12,000 which option was to be exercised within four months of the date of the order. A copy of the order was sent on 30-1-1950 to the appellant. Nobody came forward to redeem the gold. On 22-3-1950 a complaint was filed in the Court of the Chief Presidency Magistrate, Bombay against the appellant charging him with having committed an offence under S.8 Foreign Exchange Regulation Act 7 of 1947 read with the notification dated 25-8-1948. The appellant thereupon on 12-6-1950 filed a petition in the High Court of Bombay under Art. 228 of the Constitution contending that his prosecution in the Court of the Chief Presidency Magistrate was in violation the fundamental right guaranteed to him under Art 20 (2) of the Constitution and praying that as the case involved a substantial question of law as to the interpretation of the Constitution, the determination of which was necessary for the disposal of the case the case, may be withdrawn from the file of the Chief Presidency Magistrate to the High Court and the High Court may either dispose of the case themselves or determine the question of law and return to the Chief Presidency Magistrate's Court for disposal.
A rule was issued by the High Court on 26-6-1950 which came on for hearing on 9-8-1950 before Bavdekar and Vyas JJ. The rule was made absolute and the High Court directed that the proceedings pending against the appellant in the Court of the Chief Presidency Magistrate be withdrawn and brought before the High Court under Art. 228 of the constitution. The case was thereupon withdrawn and brought before the High Court and was heard by the High Court on 17-l0-1950. The learned Judges of the High Court, Chagla, C.J. and Gajendragadkar J. were of the opinion that the appellant could claim the benefit of Art. 20 (2) only if he was the owner of the gold which was confiscated and that before they decided as to whether there had been a prosecution and a punishment within the meaning of Art. 20 (2) it was necessary that the Chief Presidency Magistrate should determine the question of fact as to whether the appellant was the owner of the gold which had been confiscated and in respect of which an option was given to him as stated above. They therefore sent the matter back to the Chief Presidency Magistrate directing him to find as to whether the appellant was or was not the owner of the gold stating that they would deal with the application after the finding was returned. The Chief Presidency Magistrate recorded evidence and on 20-1-1950 recorded the finding that the appellant was the owner of the gold in question and returned the finding to the High Court. Chagla C. J. and Gajendragadkar J. heard the petition further on 12-2-1951. They reversed the finding of the Chief Presidency Magistrate, dismissed the application of the appellant and directed that the case should go back to the Chief Presidency Magistrate for disposal according to law. The appellant obtained on 1-11-1951 special leave to appeal against the Judgment and order by the High Court.

(3.)The question that arises for our determination in this appeal is whether by reason of his proceedings taken by the Sea Customs authorities the appellant could be said to have been prosecuted and punished for the same offence with which he was charged in the Court of the Chief Presidency Magistrate, Bombay. There is no doubt that the act which constitutes an offence under the Sea Customs Act as also an offence under the Foreign Exchange Regulation Act was one and the same viz. importing the gold in contravention of the notification of the Government of India dated 25-6-1948. The appellant could be proceeded against under S. 167 (8). Sea Customs Act as also under S. 23 Foreign Exchange Regulation Act in respect of the said act, proceeding were in fact there under S. 167(8), Sea Customs Act which resulted is the confiscation of the gold. Further proceedings were taken under S. 23, Foreign Exchange Regulation Act, by way of filing the complaint aforesaid in the Court of the Chief Presidency Magistrate, Bombay, and the plea. which was taken by the accused in bar of the prosecution in the Court of the Chief Presidency Magistrate, was that he had already been prosecuted and punished for the same offence and by virtue of the provision of Art. 20 (2) of the Constitution he could not be prosecuted and punished again.


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