Supreme Court · 1959 INSC 84 · Decided 14 May 1959

Abdul Rahim Ismail Rahimtoola v. The State of Bombay

Court
Supreme Court of India
Citation
1959 INSC 84 · [1960] 1 S.C.R. 285
Case number
CRIMINAL APPEAL No. 182/1957
Decided
14 May 1959
Bench
SYED JAFFER IMAM, J.L. KAPUR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
Constitution

Headnote

COURT REPORTS ABDUL RAHIM ISMAIL RAHIMTOOLA v. THE STATE OF BOMBAY (JAFElt IMAM and J. L. KAPUR, JJ.) Criminal Trial-Entry into India without passport-Conviction - Interpretation of statute and rules-Reference to constitutional Bench, if and when necessary-Constitution of India, Art. z45(3)­ of the Supreme Court. The appellant's contention was that s. 3 of the Indian Passport Rules, 1950, were ultra vires the Constitution and that on a proper interpretation, the provisions of the section and rules did not apply to an Indian citizen ; and that when a case involves a constitutional

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