Narendra Amritlal Sheth And Ors vs State Of Maharashtra And Ors on 24 April, 2019
In this connection the judgment in Express Publication (Madurai)
Limited & Anr. v. Union of India & Anr., has been cited. The learned
judges of the Hon'ble Supreme Court held in paragraph 25 that the
classification which was subject to challenge was not arbitrary. In
paragraph 26 the Hon'ble Court held that the aspect of long delay in
laying a challenge the validity of the provisions may be a factor to be
considered when the constitutional remedy under Article 32 is sought. The
Petitioners relied upon the judgment of Motor General Traders & Anr.
State of Andhra Pradesh & Ors. 80 (para 24, page 127). In this judgment
80 AIR 1984 SC 121
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SKN/PMW 196/310 2592.13-wp--final.doc
Hon'ble Supreme Court has held that a mere lapse of time does not lend
constitutionality to a provision which is otherwise bad. Time doesn't run
in favour of legislation. "If it is ultra vires, it cannot gain legal strength
from long failure on the part of lawyers to perceive and set up its
invalidity".