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PETITIONER: HANSRAJ MOOLJI
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 12/02/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. IMAM, SYED JAFFER MENON, P. GOVINDA KAPUR, J.L.
CITATION: 1957 AIR 497 1957 SCR 634
ACT: Ordinance, duration of-Promulgation under the Emergency Provisions-Declaration of termination of emergency-Scope and effect-Operation of Ordinance after end of emergency- Government of India Act,1935 (25 & 26 Geo.5 Ch. 42) Sch. 9, s. 72-India and Burma (Emergency Provisions) Act, 1940 (3 & 4 Geo. 6 Ch. 33), Ss. 1 (3), 3-High Denomination Bank Notes (Demonetisation) Ordinance, 1946 (Ordinance No. III Of 1946), ss. 4, 7.
HEADNOTE: Under s. 72 Of the 9th Sch. of the Government of India Act, 1935: " The Governor-General may, in cases of emergency, make and promulgate ordinances ... and any ordinance so made shall, for the space of not more than six months from its promulgation, have the like force of law as an Act passed by the Indian Legislature ... " ; S. I (3) of the India and Burma (Emergency Provisions) Act, 1940, provided that s. 72 Of the Government of India Act, 1935, shall as respects Ordinances made during the period beginning with June 27, 1940, the date of the passing of that Act, and ending with such date as His Majesty may by Order in Council declare to be the end of the emergency, ...