decision of the Supreme Court in State of Uttar Pradesh v. Mohammad Nooh [A.I.R. 1958 S.C. 86] that there was no reason ... repelled by their lordships with the following observations with reference to Mohammad Nooh case :-
"The argument that the order of dismissal merged
have not been
exhausted. [522 C]
State of Uttar Pradesh v. Mohammad Nooh, [1958] S.C.R.
596, 605, relied on.
There are at least ... principle of natural justice. [523 D]
State of Uttar Pradesh v. Mohammad Nooh, [1958] S.C.R.
596, 605, referred to.
In the present case
decision of the Supreme Court in State of Uttar Pradesh v. Mohammad Nooh , AIR 1958 SC 86 : 1958 SCR 595, that there was no reason ... Constitution."
38. On these observations the decision in Mohammad Nooh 's case, AIR 1958 SC 86 was distinguished and held inapplicable
Constitution Bench judgement in State of Uttar
Pradesh v Mohammad Nooh , 1958 SCR 595, the
relevant paragraph reading:
'10. In the next place ... adequate legal remedies...'
(emphasis supplied)
16.2. The aforesaid paragraph from
Mohammad Nooh (supra) has been approvingly
referred to by the Hon'ble Supreme
find no justification for extending the principles laid
down in Mohammad Nooh's case, to a case like the present
where there ... result of that use, is
the test.
The decision in Mohammad Nooh's case, is clearly
distinguishable as in that case there was total
Supreme Court and other Courts in State of U.P. v. Mohammed Nooh (AIR 1958 SC 86), Arjun Chaubey v. Union of India ... rule of Law....
13. In State of U.P. v. Mohammed Nooh (supra), Arjun Chaubey's case (supra) and other decisions on which learned
behalf, placed strong reliance on The State of Uttar Pradesh vs.
Mohammad Nooh [1958 SCR 595]; A.V. Venkateswaran, Collector of
Customs, Bombay vs. Ramchand
State of U.P. and Ors. v. Mohammad Nooh , AIR (1958) SC 86 and M/s K.S. Venkataraman and Co. (P) Ltd. v. State
Supreme Court in the case of State of U. P. v. Mohammad Nooh , AIR 1958 SC 86, but all that the case holds is that
Supreme Court in the case of State of U.P. vs.
Mohd. Nooh reported in 1958 SC 86, Pratap Singh vs. State of
Punjab reported
