M.H. George v Maharashtra AIR 1965 - ratio
2 Nov 2009, 20:36
“I need help. I’m a law student, am unable to make out the ratio decidendi of the case M. H. George v. State of Maharashtra AIR 1965 SC 722. thank you.”
This just flew into our inbox from a law student, can anyone help?
2 Replies
In India in the case of M.H. George v State of Maharashtra, it was held that for an Indian law to operate within the territory of India it is not necessary that it should either be published or be made known outside the country. Thus, ignorance of a newly passed statute cannot be pleaded in defence in our country.
D two justice Mr n rajagopala n mudholkar cited DAT its not necessary to prove mens rea to prove n offence n asked d accused if he had d permission to summgle 34kilos of gold to India, he was charged for d offence of fera(7of 1947) , ss8(1), 23(1-A) n 24(1). Where its not been mentioned DAT for an offence lyk diz mensrea is important…
For d brief: d respondant was on a flight n boarded for mainla , n d flight landed in Bombay WHR he was caught smuggling 34 kilos of gold… N hence charged with d offences…