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1953 Supreme(Ker) 152

KOSHI, M.S.MENON
State – Appellant
Versus
Philip – Respondent


Judgment :-

1. By O.P. No. 93 of 1952 accused Nos.1 and 2 in C.C. No. 156 of 1950 of the Division First Class Magistrate's Court, Kottayam, moved this Court for a withdrawal of the said case to this Court under Art. 228 of the Constitution on the ground that the case involved substantial questions of law as to the interpretation of the Constitution. The prayer was allowed by Vithayathil, J. and the facts of the case and the questions that arise for consideration are set out as follows in his order dated the 4th August 1953:

"This is a petition under Art. 228 of the Constitution of India for withdrawing to this Court Calendar Case No. 256 of 1950 on the file of the Division First Class Magistrate's Court, Kottayam, on the ground that case involves a substantial question of law as to the interpretation of the Constitution. The charges against the petitioners are under Sections 14 and 73 of Act V of 1950. Section 14 of the Act makes it an offence to contravene any order notified by Government under section 3 of the Act relating to production or manufacture of essential articles. Orders dated 21.11.1942 and 1.2.1943 are the notified orders alleged to have been contravened by the accuse

































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