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Documents citing Shantilal Vadilal Shah And Anr. vs State Of Bombay on 25 March, 1954

Shanker And Co., By Its Proprietors D.K. ... vs The State Of Madras Represented By Its ... on 28 January, 1955

6 We agree with the learned Advocate General that though the notification may be said to be defective in that it does not specify the nature of the objectionable matter contained in the book, the petitioner has not been taken by surprise, as he was obviously aware On what ground the Government had declared that it contained objectionable matter. We also agree with him that the objection that no notice was given to the petitioner before the notification was published is without force, in view of the ample safeguard provided by Section 24 of the Act to canvass the correctness and propriety of the action of the Government by applying to this Court, which is given the power to examine the case on the merits: Vide 'Shantilal Wadilal v. State of Bombay', (A). We arc also clearly of opinion that the petitioner was, and is not entitled to a copy of certificate given by the Advocate General, as that is only required as a condition precedent to the taking of action by the Government. Of course, in a particular case, if it is alleged that no certificate of the Advocate General had been obtained by the Government, then it is for tbe Government to prove that such a certificate was given.
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