The prohibition under the Article was not confined to the passing or the validity of the law but extended to the conviction or :the sentence and was based on its character as ex post facto law and therefore fullest effect must be given to the actual words used in the Article. 4(1) on the ground that it violates Art. Reference to the decision in Rao Shiv Bahadur Singh's case(1)was made and this Court held that, in any event, the fine to the extent of Rs.

This Court, however, held that Ordinance was not ail ex post facto law. It had been urged in that case that the Vindhya Pradesh Ordinance (No. The loss had to fall on some one and the statute has thought fit that it shall be borne by the insurer. It is significant that in directing that the appeal would be heard in due course on merits this Court stated that it would be open to the Court in case (1) [1953] S. 20 of the Constitution must be taken to prohibit a conviction or subjection to penalty after the Constitution in respect of ex post facto law whether the same was a pre-Constitutional law or a post- Constitutional law.

47,550 would be set aside. The object which the Legislature thus wanted to achieve is the eradication of corruption from amongst public servants, and between the said object and the intelligible differentia on which the classification is based there is a rational and direct relation. That also seems to us to be equitable for the loss falls on the insurer in the course of his carrying on his business, a business out of which he makes profit, and he could so arrange his business that in the net result he would never suffer a loss.

It was said that the assured might be a man of straw and the insurer might not be able to recover anything from him. Incidentally, we may refer' to the decision of this Court in A. First, the insurer has the right, provided he has reserved it by the policy, to defend the action in the name of the assured and if he does so, all defences open to the assured can then be urged by him and there is no 184 other defence that he claims to be entitled to urge.

It is not for us to add to those grounds and therefore to the statute for reasons of hardship. In Kedar Nath Bajoria's case (2), in addition to the sentence imposed under the ordinary law, the first appellant was fined Rs. On the other hand, if the loss fell on the injured person, it would be due to no fault of his; it would have been a loss suffered by him arising out of an incident in the happening of which he had no hand at all.

(4) recover it from the assured. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt[1954] INSC 46; , 1954 SCR 1005 and also upon Shri Venkataramana 56. XLVIII of 1949) was an ex post facto law. Again, we find the contention wholly unacceptable. 112 In the case of Rao Shiv Bahadur Singh (1), referred to above, this Supreme Court Law firms held that Art. The State of Madras (2) in which a similar challenge to the vires of a statutory presumption required to be raised under s.

School children having faith Lawyer in Supreme Court of India Jehovahs Witnesses Sect refused to sing national anthem in their school for which they were expelled on the basis of executive instructions contained Lawyer in Supreme Court of India circulars which obliged singing of national anthem in schools. In such circumstances the injured person also would not have been able to recover the damages suffered by him from the assured, the person causing the injuries. In support of the aforesaid established propositions, respondents have referred to and relied upon the judgment in the case of Shirur Math (The Commissioner Hindu Religious Endowments, Madras vs.

There is no need to go into all the case laws in respect of Articles 25 and 26 because by now it is well settled that Article 25(2)(a) and Article 26(b) guaranteeing the right to every religious denomination to manage its own affairs in matters of religion are subject to and can be controlled by a law contemplated under Article 25(2)(b) as both the articles are required to be read harmoniously. 9(1) of the West Bengal Criminal Law (Amendment) Act of 1949.

20 of the Constitution had, been contravened was rejected and it was held that the criminal law relating to offences charged against the accused at the time of their commission was substantially the same as obtained at the time of the conviction and sentence under the Indian Penal Code. Legislature felt that the evil of corruption amongst public servants posed a serious problem and bad to be effectively rooted out in the interest of clean and efficient administration.

In Rao Shiv Bahadur Singh's case (1) this Court had not to consider whether an ex post facto law imposing a minimum fine for an offence with respect to which an unlimited fine could be imposed by the law in existence at the time of the commission of the offence contravened the provisions of Art. That is why the Legislature decided to enact s. Secondly, if he has been made to pay something which on the contract of the policy he was not, bound to pay, he can under the proviso to sub-s.

An interesting situation arose in the case of Bijoe Emmanuel , (1986) 3 SCC 615. He can thus avoid all hardship if any, by providing for a right to defend the action in the name of the assured and this he has full liberty to do. We are furthermore not convinced that the statute causes any hardship. 50,000, including the sum of Rs. (ix) Considering that the right of reference to the civil court under Section 18 of the Act is not usually taken advantage of by inarticulate and poor people and is usually exercised only by the comparatively affluent landowners and that this causes considerable inequality in the payment of compensation for the same or similar quality of land to different interested parties, it is proposed to provide an opportunity to all aggrieved parties whose land is covered under the same notification to seek re-determination of compensation, once any one of them has obtained orders for payment of higher compensation from the reference court under Section 18 of the Act.

But the answer to that is that it is the insurer's bad luck. The contention that the provisions of Art. It assumed that Rao Shiv Bahadur Singh's case (1) supported the contention of the first appellant in that case. It is also well established that social reforms or the need for regulations contemplated by Article 25(2) cannot obliterate essential religious practices or their performances and what would constitute the essential part of a religion can be ascertained with reference to the doctrine of that religion itself.

4(2) of the Madras Prohibition Act, 10 of 1937, has been repelled. This Court, however, did not decide whether the total fine imposed was greater than what could be imposed under the law as it was at the commission of the offence. 4(1) with a view to require the raising of the statutory presumption as soon as the condition precedent prescribed by it in that behalf is satisfied. We have, therefore, no hesitation in holding that the challenge to the vires of s. 14 of the Constitution must fail.

47,550 received by him as required by s. The Statute has no doubt created a liability in the insurer to the injured person but the statute has also expressly confined the right to avoid that liability to certain grounds specified in it.