Supreme Court · 1957 INSC 24 · Decided 7 March 1957

The State of Bombay v. Salat Pragji Karamsi

Court
Supreme Court of India
Citation
1957 INSC 24 · [1957] 1 S.C.R. 745
Case number
CRIMINAL APPEAL No. 33/1955
Decided
7 March 1957
Bench
NATWARLAL HARILAL BHAGWATI, B. JAGANNADHADAS, SYED JAFFER IMAM, P. GOVINDA MENON, J.L. KAPUR (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Constitution Article 226, 132(1), 134(1)(c)

Headnote

COURT REPORTS 745 possession and that a mandamus will go only on the 19.57 supposition that there is nobody holding the office in Sohan Lal question. In R. v. Chester Corporation(') it was held ... ._ " . v. if •-J· h • • • fl "bl 1 f 1 h h , ne vnwn o be tried by proceeding on a quo warranto information. A mandamus will not lie unless the election can be shown to be merely colourable. We cannot see why in principle there should be a distinction inade between such a case and the case of a person, who has, apparently, entered into bona fide

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