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PETITIONER: THE STATE OF RAJASTHAN
Vs.
RESPONDENT: SHRI G. CHAWLA AND DR. POHUMAL
DATE OF JUDGMENT: 16/12/1958
BENCH: HIDAYATULLAH, M. BENCH: HIDAYATULLAH, M. DAS, SUDHI RANJAN (CJ) DAS, S.K. GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1959 AIR 544 1959 SCR Supl. (1) 904 CITATOR INFO : F 1960 SC 424 (11) R 1970 SC 999 (5)
ACT: Legislative Competence-Validity of enactment-Control of Sound Amplifiers -Pith and substance of legislation-Ajmer (Sound Amplifiers Control) Act, 1952 (Ajmer 3 of 1953), s. 3-Government of Part C States Act, 1951 (49 of 1951), S. 21-Constitution of India, Sch. VII, List 1, Entry 31, List 11, Entries 1, 6.
HEADNOTE: The Ajmer (Sound Amplifiers Control) Act, 1952, was enacted by the Ajmer Legislative Assembly which, by S. 21 Of the Government of Part C States Act, 1951, was empowered to make laws for the whole or any part of the State with respect to any of the matters enumerated in the State List or in the Concurrent List. The respondents were prosecuted under S. 3 Of the Act for breach of the conditions of the permit granted for the use of sound amplifiers. On a reference under s. 432 of the Code of Criminal’ Procedure, the judicial Commissioner of Ajmer held that the Act fell within Entry NO. 31 of the Union List and not within Entry No. 6 of the State List as was claimed by the State, and, ther...