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PETITIONER: SARDAR SOMA SINGH AND OTHERS
Vs.
RESPONDENT: THE STATE OF PEPSU AND UNION OF INDIA.
DATE OF JUDGMENT: 11/03/1954
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 311 1954 SCR 955 CITATOR INFO : R 1962 SC 191 (16) R 1968 SC 331 (14)
ACT: Constitution of India, art. 286 (3)-The Patiala and East Punjab States Union General Sales Tax Ordinance, 2006 (XXX III of 2006)-Whether ultra vires the Constitution.
HEADNOTE: Held, that the Patiala and East ’Punjab States Union General Sales Tax Ordinance, 2006 (No. XXXIII of 2006) promulgated on 6th November, 1949, is not ultra vires art. 286 (3) of the Constitution. Clause (3) of art. 286 contemplates a post-Constitution law, for it must be a law made by a "Legislature of a State" which must refer to the Legislature of a State created by the Constitution.
JUDGMENT: ORIGINAL JURISDICTION : Petition No. 325 of 1953. Petition to the Supreme Court, under article,32 of the Constitution of India for enforcement of fundamental rights. S. P. Sinha (Bakshi Man Singh, with him) for the petitioners. C. K. Daphtary, Solicitor-General for India and J. N. Kaushal (P. G. Gokhale, with them) for respondent No. 1. C. K. Daphtary, Solicitor-General for India (Porus A. Mehta and P. G Gokhale, with him...