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1960 Supreme(SC) 298

A.K.SARKAR, J.L.KAPUR, K.SUBBA RAO, S.R.DASS, SYED JAFAR IMAM, S.K.DAS
Abdul Hakim Quraishi: Haji Mohd. Shaffi: Mohd. Jan – Appellant
Versus
State Of Bihar: State Of M. P. : State Of U. P. – Respondent


Advocates:
A.C.RATNAPARKHI, C.K.DAFTARY, C.P.LAL, FRANK ANTHONY, H.J.Umrigar, H.N.SANYAL, I.M.SHROFF, J.B.DADACHAN, L.K.JHA, M.ADHIKARI, O.P.RANA, RAJINDAR NARAIN, S.P.Varma

Judgment

S. K. DAS, J. : These three writ petitions have been heard together, as they raise common questions of law and fact. They relate, however, to three different enactments made by the Legislatures of three different States - Bihar in writ petition No. 15, Uttar Pradesh in writ petition No. 21, and Madhya Pradesh in writ petition No. 14. The petitioners in the several petitions have challenged the validity of a number of provisions of the enactments in question and, in some cases, also of the rules made thereunder. The impugned provisions are similar in nature, but are not exactly the same. Therefore, we shall first state in general terms the case of the petitioners and then consider in detail and separately the impugned provisions in each case. But before we do so, it is necessary to refer to some background history of the legislation under consideration in these cases.

2. In the year 1958 this Court had to consider the validity of certain provisions of three Acts:

(1) The Bihar Preservation and Improvement of Animals Act, (Bihar Act II of 1956);

(2) the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (U. P. Act I of 1956); and

(3) the Central Provinces and Berar Animal Preser



































































































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