Supreme Court · 1970 INSC 231 · Decided 28 October 1970
Madhu Limaye v. Sub-Divisional Magistrate, Monghyr & ORS.
- Court
- Supreme Court of India
- Citation
- 1970 INSC 231 · [1971] 2 S.C.R. 711
- Case number
- WRIT PETITION (CIVIL) No. 77/1970
- Decided
- 28 October 1970
- Bench
- M. HIDAYATULLAH, J.M. SHELAT, VISHISHTHA BHARGAVA, G.K. MITTER, C.A. VAIDYIALINGAM, A.N. RAY, I.D. DUA (7-judge bench)
- Outcome
- Directions issued
- Case type
- Writ / Constitutional
- Acts & sections cited
- CrPC Section 55, 91; Constitution Article 19, 19(2)
Headnote
Code of Criminal Procedure (5 of 1898), ·" 144 and C/ui(Jier VIII-I.• 1io/e1tfre of Art. 19 of Constitution, On the questions : (I) Whether s. 144 and. 1 2) Ch. Vil! of the Cri­ minal Procedure Code, 1898, violated Art. 19(al. (bl. (c) and (d) HELD (By Full Court): 1 (a) Article 19(2) of the Constitution. which was substituted with retrospective effect by the. Constitution (First Amendment) Act, 1951, must be held to have been in foi;&e from 26t~ January 1950. [719 BJ (b) The fiction in the amendment is to make the
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