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PETITIONER: THE STATE OF MADHYA PRADESH AND ANOTHER
Vs.
RESPONDENT: BALDEO PRASAD
DATE OF JUDGMENT: 03/10/1960
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1961 AIR 293 1961 SCR (1) 970 CITATOR INFO : RF 1962 SC1371 (42) R 1971 SC 481 (47) R 1971 SC1667 (29) RF 1982 SC 710 (60)
ACT: Goondas, Control and Exclusive of--Constitutional validity of enactment--Test--Central Provinces and Berar Goondas Act, 1946 (X Of 1946) as amended by Act XLIX of 1950, ss. 4, 4-A--Constitution of India, Arts. 19(1)(d) & (e), 13.
HEADNOTE: By an order passed under s. 4-A of the Central Provinces and Berar Goondas Act, 1946 (X of 1946), as amended by the Madhya Pradesh Act XLIX of 950, the State of Madhya Pradesh directed the respondent to leave the district of Chhindwara, which had been specified as a proclaimed area under the Act, and the District Magistrate by another order communicated the same to the respondent. The respondent challenged the said orders under Art. 226 of the Constitution on the ground that the Act violated his fundamental rights under Art. i9(i)(d) and (e) of the Constitution and was, therefore, invalidated by Art. 13 Of the Constitution. The High Court held that ss. 4 and 4-A of the impugned Act were invalid and since...