BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India.

(2.) THE petitioners are shopkeepers carrying on business at Ajmer in the erstwhile state of Ajmer. The Legislative Assembly of Ajmer passed the Ajmer Shops and commercial Establishments Act, 1956 (Ajmer Act No. IV of 1956) (hereinafter called the Act), which received the assent of the President of India on 25-6-1956, and came into force on 1-8-1956. On 17-12-1956 the petitioners were called upon to get their shops registered for the year 1957 under Section 4 of the Act by payment of Rs. 2/- per year as registration fee. This petition was filed on 20-121956, challenging validity of the Act on several grounds. The material points which are taken up in this petition as amplified at the time of arguments may be summed up as follows :

(3.) THAT by S. 43 of the Act. the Weekly Holidays Act was repealed on and from the date of the commencement of the Act, but the Legislature of the State of Ajmer, was not competent to repeal that Act.