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1977 Supreme(Bom) 84

P.S.SHAH, M.N.CHANDURKAR, V.D.TULZAPURKAR
SHANTILAL AMBALAL MEHTA – Appellant
Versus
N. A. RANGASWAMI, COLLECTOR OF CUSTOMS, BOMBAY – Respondent


JUDGMENT

CHANDURKAR J.-There are several petitions pending in this Court filed by litigants under Article 226 of the Constitution of India as it originally stood before the Constitution of India was amended by the Constitution (Forty second Amendment) Act, 1976, and the one question which now faces not only the litigants and the counsel but also the Court is, what is the extent of the impact of the newly introduced provisions in Articles 131A, 226, 226A and 228A of the Constitution of India read with the provisions of section 58 of the Constitution (Forty-second Amendment) Act, 1976 (hereinafter referred to as "The Amending Act"). These 13 petitions are, therefore, placed before this Full Bench as they raise certain questions which needed early authoritative determination and which were representative of some of the questions which arise in almost all pending matters under Article 226 of the Constitution of India including matters in which interim orders have been made by this Court, the urgency arising out of the rather drastic provisions with regard to abatement and vacating of the interim orders made in pending petitions in section 58 of the Amending Act.

2. It is not necessary



















































































































































































































































































































































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