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1952 Supreme(Pat) 5

V.RAMASWAMI, SARJOO PRASAD, SHEARER
Mohammad Anzar Husnain – Appellant
Versus
State Of Bihar – Respondent


Judgment

Shearer, J.

1. An order of demand made under the Bihar Agriculturists Levy Order, 1950 was served on the petitioner Syed Mohammad Anzar Husnain, requiring him to deliver a certain quantity of paddy to a person and at a place named in the order. The petitioner did not comply with the order and was, in consequence, prosecuted. An application was then made to this Court under Article 228 of the Constitution, and as questions of constitutional law arose, this Court withdrew the case from the Court of the trying Magistrate in order that these questions might be decided. The questions that arose are, in the first place, whether the extent of the delegation of legislative or quasi legislative power made by the legislature to the executive in Sec.3 of the Essential Supplies (Temporary Powers) Act, 1946, is in excess of that permissible under the Constitution, & secondly, whether certain provisions contained in the Bihar Agriculturists Levy Order, 1950, violate the fundamental rights conferred by Article 14 and Article 19, Clauses (f) and (g) of the Constitution. These questions are of far-reaching importance, and his Lordship the Chief Justice constituted myself and my brothers Ram



























































































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