Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Prohibition Act (XXV of 1949) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Prohibition Act, 1949 (25 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bombay Prohibition Act (XXV of 1949)-Constitutional validity -Applicability of Act to foreign liquors-To medicinal and toilet preparations containing alcohal -Validity of ss. 2(24) (a), 12, 13, 23, 24, 39, 40(1) (b), 46, 52, 53, 139 (c)-Law of Province prohibiting possession and sale of foreign liquor within Province-Whether encroaches on power of Dominion to make laws as to "Import and export" -Doctrine of original package -Applicability to India - Construction of Lists-Restriction on fundamental right to acquire, hold and dispose of property" and to "equal protection of the laws" Government of India Act, 1935, s. 297 (4), Seventh Sched., List I entry 19--List 11 entry 31-Constitution of India, Arts. 14, 19(1), 19 (2). Under entry 31 of List 11 of the Seventh Schedule to the Government of India Act, 1935, the Provincial . Legislatures had the power to make laws in respect of "intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxecating liquors" and under entry 19 of List I, the Dominion Legislature had the power to make laws with respect to "import and export across customs frontiers". The constitutional validity of the Bombay Prohibition Act, 1949, in so far as it restricted the possession and sale of foreign liquors was impugned on the ground that it was an encroachment on the field assigned to the Dominion Legislature under entry 19 of List I : |
Judge | Hon'ble Mr. Justice Sir Saiyid Fazl Ali |
Neutral Citation | 1951 INSC 39 |
Petitioner | The State Of Bombay And Another |
Respondent | F.N. Balsara |
SCR | [1951] 1 S.C.R. 682 |
Judgement Date | 1951-05-25 |
Case Number | 182 |
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