Supreme Court of India
Behram Khurshed Pesikaka v. The State of Bombay.
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26 Supreme Court benches have cited this judgment.
What the Court ordered
In the result this Court declared certain provisions 0£ the Act invalid.
Judgment, page 48
From the headnote
Constitution of India, Arts. 13 and 141-Statute declared unconstitutional-Effect of-Declaration in Balsara's case-Effect of-If the decision throws onus on the accused-Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949), ss. 2 (24), 13 (b), 66 (b). Held (Per MEHR CHAND MAHAJAN . J., MuKHERJEA, VIVIAN .; EosE and GHULAM HASAN JJ. S. R. DAs J. dissenting) that the effect of the declaration in the case of The State of Bombt>y and Another v. . N. Balsara(1 ) that clause (b) of s. 13 of the Bombay Prohibition Act (XXV of 1949) is void under Art. 13(1) of the Constitution in so far as it affects
Where later benches applied it
- 2022 The State of Manipur & Ors. v. Surjakumar Okram & Ors.
- 2023 Association of Vasanth Apartments’ Owners v. V. Gopinath & Ors
- 2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- 2025 Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
- 2023 Cbi v. R.R. Kishore
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors.
- 2013 The Rajasthan State Industrial Development and Investment Corporation v. Subhash Sindhi Cooperative Housing Society Jaipur & Ors,
- 2011 State of Tamil Nadu & Ors. v. K. Shyam Sunder & Ors.
- 2010 K.K. Poonacha v. State of Karnataka and Others
- 2005 Commissioner of Sales Tax, U.P. v. M/s Swadeshi Polytax Ltd., Ghaziabad
- 2001 M/s. Somaiya Organics (india) Ltd. v. State of Utt Ar Pradesh and Anr.
- 1991 East India Corporation Ltd v. Shree Meenakshi Mills Ltd.
- 1991 Orissa Cement Ltd and Ors. Etc. Etc v. State of Orissa and Ors. Etc. Etc.
- 1990 Vijayee Singh and Ors. v. State of Uttar Pradesh
- 1987 Gaya Prasad v. Surendra Bahadur Singh, (dead) by L.rs. & Ors.
- 1980 Raghblr Singh Gill v. Gurcharan Singh Tohra & Ors.
- 1980 Shah Gumman Mal v. The State of Andhra Pradesh
- 1974 The State of Gujarat and Another v. Shri Ambica Mills Ltd., Ahmedabad, Etc.
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 1972 Hari Singh and Ors. v. The Military Estate Officer and Anr.
- 1971 Jagannath Etc. Etc. v. Authorised Officer, Land Reforms & Ors. Etc.
- 1962 Mahendra Lal Jaini v. The State of Uttar Pradesh and Others
- 1959 Deep Chand v. The State of Uttar Pradesh and Others
- 1958 Basheshar Nath v. The Commissioner of Income-tax, Delhi & Rajasthan & Another.
- 1958 M. P. V. Sundararamier & Co. v. The State of Andhra Pradesh & Another
- 1955 Bhikaji Narain Dhakras and Others v. The State of Madhya Pradesh and Another.
Of those, 1 relied on · 2 referred to · 23 mentioned
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