The Calcutta Weekly Notes August 17 1953

The argument was that such continuation was bad and Lachmandas’s case was relied on While the minority accepted this contention the majority of the Judges pointed out that in determining the validity or otherwise of the impugned pre-Constitution Hyderabad Regulation on the ground that any of its provisions was repugnant to the equal prtection clause two principles should be borne in mind. [...] At page 756 it was oserved : For the purpose of determining whether the accused was deprived of such protection we have to see first of all whether after eliminating the discrimintory provisions in the Regulation it was still possible to secure to the accused sustantially the benefit of a trial under the ordinary law; and if so whether that was done in the particular case ?" In other wo [...] 783) : "the whole trend and the reasoning of the judgment to my mind point to the conclusion that the Court did not consider it necessary to go into the question whether the discriminatory prvisions were applied as that question wa!: irrelevant in view of their finding that the.Act became void after the coming into force of the Constitution on the simple ground that it contained discriminatory [...] The attention of the readers is drawn to a notice regarding the subscription of the Supreme Court Appeals. [...] 447 of the Penal Code alleging that he had been rightfully in possession previously of the property in dispute and that he had been dispossessed by the applicant wrongly and forcibly Held that the right to possession proved by the opposite party was better than that acquired by the applicant through the commission of the offence uder sec.