Court : Andhra Pradesh
Decided on : Mar-22-1954
Reported in : 1954CriLJ1093
Misra, C.J.1. The following four questions have been referred by a Full Bench of three judges to a Fuller Bench of five judges:(1) Whether the Hyderabad Defence Regulation, having regard to its preamble, language, emergency and the constitutional set up at the State then existing was operative only during the period of emergency for which it was promulgated and should be deemed to have lapsed afterwards without any express repealment;(2) whether the directions contained in the Cotton Cloth and Yarn Control Order of 1355-F. about the publication of a press-note explaining its provisions read with R. 110 at the Defence of Hyderabad Rules are man-datory;(3) whether the directions by the Textile Commissioner about the markings on the bales having regard to the definition of 'Cloth'. 'Yarn' and other provisions of the Order of 1352-P., under which it was framed as well as the later Order are not within the scope of his delegated authority and therefore ultra vires; and(4) whether Sections 4...
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