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1957 Supreme(Bom) 94

M.C.CHAGLA, S.T.DESAI
C. R. H. Readymoney Ltd. , Bombay – Appellant
Versus
State of Bombay – Respondent


Advocates:
N. A. Palkhivala, with Bhagwati and Sorabji, for Appellants; Seervai, with Advocate-General, and Kantawala, for Respondents.

Judgement

M.C. CHAGLA, C.J. :- The first petitioners are a private limited company carrying on the business of importers, merchants and dealers in medicinal preparations containing alcohol including Halls Wine throughout India, and the second petitioner is the Managing Director and one of the major shareholders of the first petitioner company. It appears that in the beginning of January, 1952 the first petitioners were appointed sole agents for India for Halls Wine which is manufactured by Stephen Smith and Co. of United Kingdom. The second petitioner buys, possesses and consumes Halls Wine for the purpose of his health and according to him this Wine is productive of the beneficial effects of invigoration, strength and energy. The petition from which this appeal arises has been filed on the ground that the fundamental rights of the first petitioner company under Art. 19 (1) (g) and the fundamental rights of the second petitioner under Art. 19 (1) (f) in respect of Halls Wine have been affected by certain legislation passed by the State Government. It is urged by the first petitioner company that their right to carry on business and to sell Halls Wine has been interfered with and it
































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