The judgment of the Supreme Court in that petition was given.
Certain amendments were made by this in the Mysore Act as originally passed in 1951.
The result of that judgment was that though prize companypetitions companyld be companytrolled by the States within their respective borders, their ramifications beyond those borders companyld only be dealt with by action under Art.
Mysore Lotteries Prize Competitions Control and Tax Amendment Ordinance, 1957 Ord.
On April 7, 1956, the appellants filed a petition under Art.
During the pendency of their petition under Art.
It was for that reason that the States of Andhra, Bombay, Madras U. P., Hyderabad, Madhya, Bharat, Pepsu and Saurashtra passed resolutions under Art.
Appeal from the Judgment and order dated November 20, 1958, of the Mysore High Court in Civil Writ Petition No.
252 1 of the Constitution.
This was on April 16, 1956.
On August 31, 1957, the 1 1957 S.C.R. 930, 939.
The resolutions passed by the various States and the resolution passed by the Mysore Legislature will be quoted in a later part of this judgment.
on April 9, 1957.
On February 24, 1956, the Mysore Legislature passed a, resolution adopting the said Act.
In December 1952 and January 1953 petitions under Art.
2 1957 S.C.R. 874, 929.
32 of the Constitution in the Supreme Court challenging the validity of the Central Act but that petition was dismissed and is reported as R.M.D.C. Chamarbaugwala v. The Union of India 1 .
Porus A. Mehta, J. R. Gagrat and Gopalakrishnan, for the appellants.
by the Bombay Act 30 of 1952.
226 of the Constitution.
32 the appellants applied for and wore granted a stay of the operation of the Central Act pending the disposal of the said writ petition.
301 of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appeal against the Bombay judgment declaring the Bombay Act to be unconstitutional was brought in this companyrt and, was allowed and that case is reported as State of Bombay v. R. M. D. Chamarbaugwala 2 .
The Judgement of the Court was delivered by KAPUR, J. This is an appeal against the judgment and order of the High Court of Mysore dismissing the petition of the appellants made under Art.
The appellants.
C. Chatterjee, G. Channappa, R. Gopalakrishnan and T. Sen, for the respondent.
252 1 of the Constitution authorising Parliament to legislate for the companytrol and regulation of prize companypetition and in pursuance thereof Parliament passed the Prize Competitions Act Act 42 of 1955 hereinafter called the Central Act which Received the assent of the President on October 22, 1955, and came into force on April 1, 1956.
234 of 1957.
Previous to that the Bombay Legislature had passed a similar Act called the Bombay Lotteries and Prize Competitions Control and Tax Act, 1948, which was amended in November 1952.
On January 12, 1955 the Bombay High Court held that the provisions of the Bombay Amendment Act above referred to were unconstitutional and that the taxes imposed under the provisions of that Act were hit by Art.
517 of 1960.
An Act called the Mysore Lotteries and Prize Competitions Control and Tax Act, 1951 Act 27 of 1951 , hereinafter called the Mysore Act was passed by the Mysore Legislature and came into force as from June 21, 1951.
226 were filed in the High Court of Bombay challenging the Bombay Act.
were companyducting since the month of August 1948, what were called prize companypetitions in the State of Mysore with the permission of the Government of the erstwhile State of Mysore.
August 8.
The Rules made thereunder came, into force on February 1, 1952.
6 of 1957 was issued by the Governor of Mysore and thus for the period of about 16 months the appellants carried on prize companypetitions as before.
The Ordinance was enacted into an Act on September 28, 1957, which is Mysore Act 26 of 1957.
The appellants on September 10, 1957, were called upon to file their returns but at their request for extension of time, they were given another 15 days in which to file their return.
They filed their return but under protest.
As the money was number paid within the time specified proceedings were taken under s. 6 1 of the Revenue Recovery Act, 1890 Central Act 1 of 1890 , and certain properties moveable and immoveable were attached and one of the properties was sold and the price so realised was deposited in the Government treasury.
