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LANDMARK CASE

Bhikaji Narain Dhakras v. State of Madhya Pradesh

AIR 1955 SC 781 · Supreme Court of India · Constitutional law

At a glance

  • Citation: AIR 1955 SC 781
  • Court: Supreme Court of India
  • Area of law: Constitutional law
  • In one line: Yes. Under the doctrine of eclipse, the law was only overshadowed and revived.

1 Facts

A pre Constitution motor transport law was inconsistent with Article 19 until the article was amended.

2 Issue

Did the law revive after the amendment?

3 What the court decided

Yes. Under the doctrine of eclipse, the law was only overshadowed and revived.

4 Why it matters

The leading case on the doctrine of eclipse.

5 Think about it

Does eclipse apply to post Constitution laws?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Constitutional law

  • A.K. Gopalan v. State of Madras AIR 1950 SC 27
  • ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521
  • Air India v. Nergesh Meerza (1981) 4 SCC 335
  • Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
  • Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637

All 366 landmark cases · Today's Case of the Day · Weekly quiz

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