Appeal No 517 of 1960
Appeal from the Judgment and order dated November 20 1958 of the Mysore High Court in Civil Writ Petition No 234 of 1957
Porus A Mehta J R Gagrat and G Gopalakrishnan for the appellants
N C Chatterjee G Channappa R Gopalakrishnan and T M Sen for the respondent
August 8
The Judgement of the Court was delivered by KAPUR J This is an appeal against the judgment and order of the High Court of Mysore dismissing the petition of the appellants made under article 226 of the Constitution
The appellants
were conducting since the month of August 1948 what were called prize competitions in the State of Mysore with the permission of the Government of the erstwhile State of Mysore
An Act called the Mysore Lotteries and Prize Competitions Control and Tax Act 1951 Act 27 of 1951 hereinafter called the Mysore Act was passed by the Mysore Legislature and came into force as from June 21 1951
The Rules made thereunder came into force on February 1 1952
Previous to that the Bombay Legislature had passed a similar Act called the Bombay Lotteries and Prize Competitions Control and Tax Act 1948 which was amended in November 1952
by the Bombay Act 30 of 1952
In December 1952 and January 1953 petitions under article 226 were filed in the High Court of Bombay challenging the Bombay Act
On January 12 1955 233 the Bombay High Court held that the provisions of the Bombay Amendment Act above referred to were unconstitutional and that the taxes imposed under the provisions of that Act were hit by article 301 of the Constitution
The result of that judgment was that though prize competitions could be controlled by the States within their respective borders their ramifications beyond those borders could only be dealt with by action under article 2521 of the Constitution
It was for that reason that the States of Andhra Bombay Madras U P Hyderabad Madhya Bharat Pepsu and Saurashtra passed resolutions under article 2521 of the Constitution authorising Parliament to legislate for the control and regulation of prize competition and in pursuance thereof Parliament passed the Act 42 of 1955 hereinafter called the Central Act which Received the assent of the President on October 22 1955 and came into force on April 1 1956
On February 24 1956 the Mysore Legislature passed a resolution adopting the said Act
The resolutions passed by the various States and the resolution passed by the Mysore Legislature will be quoted in a later part of this judgment
On April 7 1956 the appellants filed a petition under article 32 of the Constitution in the Supreme Court challenging the validity of the Central Act but that petition was dismissed and is reported as RMDC Chamarbaugwala vs The Union of India 1
The appeal against the Bombay judgment declaring the Bombay Act to be unconstitutional was brought in this court and was allowed and that case is reported as State of Bombay vs R M D Chamarbaugwala 2 
During the pendency of their petition under article 32 the appellants applied for and wore granted a stay of the operation of the Central Act pending the disposal of the said writ petition
This was on April 16 1956
The judgment of the Supreme Court in that petition was given
on April 9 1957
On August 31 1957 the 1   939
2   929
234 Mysore Lotteries  Prize Competitions Control and Tax Amendment Ordinance 1957 Ord 6 of 1957 was issued by the Governor of Mysore and thus for the period of about 16 months the appellants carried on prize competitions as before
The Ordinance was enacted into an Act on September 28 1957 which is Mysore Act 26 of 1957
Certain amendments were made by this in the Mysore Act as originally passed in 1951
As a result of this amendment the definition of prize competition was amended the definition as given in the Central Act was adopted and sections 8  9 of the Mysore Act
were omitted with retrospective effect from April 1 1956 clb of sub section
1 of s12 was amended and certain words referring to licences under s8 were retrospectively omitted and retrospective effect was given to the Mysore Act as amended
By adding a proviso to s15 of the Mysore Act all prize competitions conducted between March 311956 and August 31 1957 were brought within the purview of the amended Act
Thus the prize competitions which as a result of the stay of the operation of the Central Act were conducted by the appellants became subject to the operation of the Mysore Act as amended
The appellants on September 10 1957 were called upon to file their returns but at their request for extension of time they were given another 15 days in which to file their return
They filed their return but under protest
The gross collections were of a sum of Rs 2647147 5 9 and on that the appellants were called open to pay up provisionally a sum of Rs 330893 7 0
As the money was not paid within the time specified proceedings were taken under section 6 1 of the Central Act 1 of 1890 and certain properties moveable and immoveable were attached and one of the properties was sold and the price so realised was deposited in the Government treasury
The Mysore amending Act was challenged in the High Court of Mysore by a petition under Art 226 which was dismissed on November 20 1958 235 and against that judgment and order this appeal has been brought pursuant to a certificate of the High Court under article 132 1 of the Constitution
The Certificate was confined to the interpretation of article 252 of the Constitution
The respondent in the present appeal is the State of Mysore
The challenge to the constitutionality of the Mysore Act was on the ground that 1 the Mysore Legislature by
adopting the Central Act was no longer competent to pass any law in regard to prize competitions because the whole matter including the power of taxation was surrendered in favour of Parliament
2 Even if the whole power had not been surrendered the impugned Act ie the Mysore Act as amended violated Art2522 of the Constitution inasmuch as it indirectly amends the Central Act by adding a new method of control by imposition of penalties of a monetary nature
3 The Mysore Legislature could not amend an Act which stood repealed as a result of the enactment of the Central Act
4 The Mysore Act as amended was repugnant to the Central Act and is therefore to the extent of repugnancy void under article 254 1 of the Constitution and 5 it was color able legislation in as much as the tax was imposed on the prize competitions with the object of controlling them
Certain other questions relating to the legality of the imposition of the tax and the proceedings for the recovery of the tax were also raised but on all these points the High Court found against the appellants The first question raised before us is the effect of the resolution passed by the legislatures of the States above mentioned and of the resolution passed by the Mysore legislature adoptingthe central Act
The resolution Passed by the States was in the following terms This Assembly do resolve that it is desirable that control and regulation of Prize 236 Puzzle competitions and all other matters consequential and incidental thereto insofar as these matters are matters with respect to which Parliament has no power to make laws for the States should be regulated by Parliament by law
 The two Houses of the Mysore Legislature passed the following resolution on February 23 1956 and February 21 1956 respectively  Resolution passed by the Mysore Legislative Assembly on 23rd February 1956
Whereas for the purpose of securing uniformity in legislation it is desirable that the control and regulation of Prize Compe titions and all other matters ancillary thereto should be regulated in the State of Mysore by the Central Act 42 of 1955 passed by Parliament Now therefore in pursuance of Clause 1 of Article 252 of the Constitution this Assembly resolves that the Act aforesaid be adopted by the State of Mysore
 It was contended that by these resolutions the legislatures of the various States had surrendered their power of legislation in regard to the control and regulation of prize puzzle competitions and all other matters consequential and incidental thereto and had thus no legislative power left in regard to that matter including the power to tax
Article 252 provides article 2521 If it appears to the legislature of two or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the States except as provided in articles 249 and 250 should be regulated in such States by Parliament by law and if resolutions to that effect are passed by all the Houses of the legislatures of those States it shall be lawful 237 for Parliament to pass an Act for regulating that matter accordingly and any Act so passed shall apply to such States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or where them are two Houses by each of the Houses of the Legislature of that State
2 Any Act so passed by Parliament maybe amended or repealed by an Act of Parliament passed or adopted in like manner but shall not as respects any State to which it applies be amended or repealed by an Act of the Legislature of that State
 The result of the passing of a resolution under article 9521 is that any matter with respect to which Parliament has no power to enact laws becomes a matter for the regulation of which Parliament becomes empowered to pass any Act and such Act if passed by the Parliament becomes applicable to the States passing the resolution or adopting that Act
Sub clause 2 of that Article provides that any such Act may be amended or repealed by an Act of Parliament in the like manner ie in the manner provided in cl
1 and it cannot be amended or repealed by the Legislature of the State or States passing the resolution
The question then arises do the resolutions as passed and particularly the words control and regulation of prize puzzle competitions and all other matters ancillary thereto surrender the whole subject of prize competitions to the Central Parliament ie every matter and power connected therewith including the power to tax
The argument raised was that the language of the resolutions was wide enough to comprise the legislative power under entries 34 and 62 of List II the former dealing with betting and gambling and the latter with taxation of luxuries including betting and gambling
One of the methods of control and regulations it was submitted is by 238 taxation and as the power  to control and regulate and all powers ancillary to the subject were surrendered the power to tax being included therein was also surrendered
In support of this Argument reliance was placed on
certain judgments of the American Supreme Court
The first case relied upon was
Rudolph Helen V United States 1
In that ease the question was about the jurisdiction of the United States District Court which depended upon the nature 
of the imposition of an additional duty ie whether it was penalty or  not
The imposition was held to be a penalty as it was not imposed for the purpose of revenue but was based upon the particular act of the importer ie his undervaluation of the goods imported  in other words this additional sum was a penalty for undervaluation whether innocently done or not and whether it was called a further sum or an additional duty the amount imposed was not a duty upon imported article but a penalty and nothing else
The next case relied upon was J W Bailey vs Dexel Furniture Company 2
That was a case of colorable exercise of legislative power
Under the Child Labour Tax Law a tax of 10 of the net profits of the year could be imposed upon an employer and knowingly during any portion of the taxable period employed children within certain age limits irrespective of whether only one child was employed or several This was held not to be a valid exercise by Congress of power of taxation but an unconstitutional regulation by the use of the tax as a penalty for the employment of child labour in the States which was exclusively a State function
That case was one in which the Congress exercised its
power of regulation by imposing a tax by way of penalty inorder to prevent the employment of child labour and thus by If the exercise of the power which it possessed ie of 1 1903188 US605  2 1922259 US33  239 taxation it tried to regulate a subject over which it had no jurisdiction and that really was the matter which was decided by the American Supreme Court
The next case relied upon was Gloucester Perry Th company vs Commonwealth of Pennsylvania 1
That was a case of interstate commerce and it was hold that no State could impose a tax on that portion of interstate commerce which is involved in the transportation of persons and property what ever be the instrumentality by which it is carried on
The tax there was levied upon receiving and landing of passengers and freight which was held to be a tax on transportation ie upon commerce
between the two States involved in such transportation
The following passage in the judgment of Field J at p 162 was relied upon by counsel for the appellants The Power to regulate that commerce as well as commerce with foreign nations vested in Congress is the power to prescribe the rules by which it shall be governed that is the conditions upon which it shall be conducted  to determine when it shall be free and when subject to duties or other exactions
 But these observations were made in a different context ie whether the tax could be levied upon transportation made in ferry boats which passed between States every hour of the day and as this transportation was within the commerce clause no tax could be levied by the States
Reference was next made to certain observations made in the State of Bombay vs RMD chamarbaugwala 2 which was an appeal against the judgment of the
Bombay High Court
Das C J observed at p 926 The fact that regulatory provisions have been enacted to control gambling by issuing 1  2   929
240 licences and by imposing taxes does not in any way alter the nature of gambling which is inherently vicious and pernicious
 In that case no question as to the meaning of the word control and regulation arose nor whether those words included the power of taxation
All that the Court was called upon to decide was whether prize competitions were trade commerce or business or were anti social activities
It was then argued that it was because of the decision by the Bombay High Court in State of Bombay vs R M D Chamarbaugwala 1 whereby the tax imposed on prize competitions was struck down as contravening article 304b that the various States combined together and passed the resolution under article 2521 of the Constitution
The object of the resolutions it was submitted was to get over the unconstitutionality pointed out by the Bombay High Court and therefore the resolutions were passed in the language used therein ie for the control and regulation of prize competitions which power was transferred and surrendered to Parliament along with the powers incidental and ancillary thereto which must include taxation
It was further argued that as Parliament had failed to impose any tax it implied that it had refused to do so
In support of this argument reliance was placed on Sabine Robbins vs Taxing District of Shelby County Tennessee 2
It was there held that where the power of the Legislature is exclusive its failure to make express regulation indicated its will that the subject shall be left free from any restriction or imposition
The pivot of the appellants  argument is that the words control and regulation and  incidental and ancillary thereto included power of taxation but this argument is not well founded
The power in regard to betting and gambling is contained in entry 34 of the State List which as follows 
Entry 34 Betting and gambling
1 I L R 2  241 The power of taxation is contained in entry 62 which is as under Entry 62  Taxes on luxuries including taxes on entertainments
 amusements betting and gambling
 In the Indian Constitution as it was in the Government of India Act the power of legislation is distributed between the Union and the States and the subjects on which the respective Legislatures can legislate are enumerated in the three Lists and in the Articles of the Constitution provision is made as to what is to happen if there is a conflict between the Statutes passed by Parliament and the Legislatures of the States
The peculiar nature of the Indian Constitution in regard to the enumeration of powers in the entries in the Lists was emphasised by Gwyer C J in re The Central Provinces  Berar Act No XIV of 1938 1 at p 38 and by Sulaiman J at pp
73 and 74
Gwyer CJ said But there are few subjects on which the decision of other Courts require to be treated with greater caution than that of federal and provincial powers for in the last analysis the decision must depend upon the words of the Constitution which the Court is interpreting  and since no two Constitutions are in identical terms it is extremely unsafe to assume that a decision on one of them can be applied without qualification to another
This may be so even where the words or expressions used are the same in both cases  for a word or a phrase may take a colour from its context and bear different senses accordingly 1 1939 FCR18387374 242 At p 74 Sulaiman J observed The heads have been separately specified in great detail  and a special head  taxes on the sale
of goods has been assigned to the Provinces which did not at all find a separate and distinct place in the State or Provincial List of any of the Dominions
This peculiarity is a unique feature of the Indian Constitution having an important bearing on the present case as taxes on Bales have been adopted as a post war measure in most countries
 The entries in the Lists have to be read in accordance with the words employed and it will be wholly unjustified in forcing into them a meaning which they cannot reasonably bear
See Brophy vs Att
Gen of Manitoba 1 Similar observations were made by Lord Wright M R in James vs Commonwealth of Australia 2 and both these oases were quoted with approval in re The Central Provinces and Berar Act No XIV of 1938 3 by Sulaiman J
Thus the subject of betting and gambling given in entry 34 of List II and the taxes on betting and gambling as given in entry 62 of List II have to be read separately as separate powers and therefore when control and regulation of prize competitions was surrendered to Parliament by the resolutions above quoted the power to tax under entry 62 of List II which is a separate head cannot be said to have been surrendered
See the observations of Das C J in State of Bombay vs R M D Chamarbaugwala quoted a little later in this judgment
The scheme of the Indian Constitution and distribution of powers under it are entirely different from what it is in America and therefore the construction of the entries in the manner contended for by the appellants would be erroneous
It was then contended that a tax must be 1  215
2  613
243 levied for the purpose of revenue and cannot be for purpose of control and that in the Mysore Act was really colourable legislation in that the impugned tax had been levied for the purpose of controlling prize competitions although it was given the form of a tax
It may be remarked that the Court in construing and interpreting the Constitution or provisions of an enactment has to ascertain the meaning and intention of Parliament from the language used in the statute itself and it is not concerned with the motives of Parliament
To use the language of Gwyer CJ in re The Central Provinces and Berar Act No XIV of 1938 1  It is not for the Court to express or indeed to entertain any opinion on the expediency of a particular piece of legislation if it is satisfied that it was within the competence of the Legislature which enacted it  nor will it allow itself to be influenced by any considerations of policy for these lie wholly outside its sphere
 Similar observations in regard to the doctrine of colourable legislation were made by Mukherjea J as he then was in K C Gajapati Narayan Deo  Others vs The State of Orissa 2 where it was observed  It may be made clear at the outset that the doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature
The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law
If the legislature is competent to pass a particular law the motives which impelled it to act are really irrelevant
On the other hand if the legislature lacks competency the question of motive does not arise at all
Whether a 1  38 73 74
2   10
244 statue is constitutional or not is thus
always a question of power
 Therefore if the Mysore Legislature had the power which in our opinion it had and it had not surrendered its power to Parliament which in our opinion it had not then it cannot be said that the imposition of the tax is a piece of colourable legislation and is on that ground unconstitutional
It will be opposite to quote at this stage the observations of Das CJ in the State of Bombay vs RMD Chamarbaugwala 1 For the reasons stated above we have come to the conclusion that the impugned law is a law with respect to betting and gambling under entry 34 and the impugned taxing section is a law with respect to a tax on betting and gambling under entry 62 and that it was within the legislative competence of the State legislature to have enacted it
There is sufficient territorial nexus to entitle the State legislature to collect the tax from the petitioners who carry on the prize competition s through the medium of a newspaper printed and published outside the State of Bombay
 Thus the Central Act is with respect to betting and gambling under entry 34 of List II and the taxing sections of the Mysore Act are with respect to a tax on betting and gambling under entry 62
It is also instructive to note that Venkatarama Ayyar J in B MD Chamarbaugwala vs The Union of India 2 in construing the language of the resolution was of the opinion that the use of the word control and regulation was requisite in the case of gambling and as regards regulation of competitions involving skill mere regulation would have been sufficient
In view of our finding that by passing the resolution the States did not surrender their power of taxation it cannot be said that al
2 of article 252 1   929
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245 of the Constitution was violated by the amendment of the Mysore Act  nor can it be said that in reality it was a piece of colourable legislation by an indirect attempt to amend the Central Act and a new method of control was devised by imposing a penalty under the name of tax
We have already held that the tax imposed under the Mysore Act was not by way of penalty but was the exercise of the power which the legislature possessed of imposing tax under entry 62
The next contention raised was that after the passing of the Central Act s121b of the Mysore Act became void because of the provisions of article 2541 of the Constitution which provides  article 2541 If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List then subject to the provisions of clause 2 the law made by Parliament whether passed before or after the law made by the Legislature of such State or as the case may be the existing law shall prevail and the law made by the Legislature  of the State shall to the extent of the repugnancy be void
 It was contended that because of the repugnancy between the Central Act and the Mysore Act in regard to licensing all provisions which had any reference to licensing became void under article 2541 and if they were void they could not be amended
On behalf of the State it was submitted that article 2521 was a complete code by itself and article 254 was inapplicable because the latter Article like its predecessor s107 of the Government of India Act 1935 applied where the repugnancy arose under List III of the Constitution ie the 246 Concurrent List
It is not necessary to decide this latter contention or to refer to cases which have been relied upon ie Megh Raj vs Allah Rakhia 1 or Deep Chand vs The State of Uttar Pradesh  Others 2 The inconsistency would operate on that portion of the Mysore Act which became repugnant to sections 4 and 5 of the Central Act as to prohibition of prize competitions and licensing
of prize competitions eg s8 of the Mysore Act and consequently that portion of s121b which deals with taxes in respect of prize competitions for which a licence had been Obtained under s8 might be said to have become void and not the rest
Therefore by the omission of words for which a licence had been obtained under s8 the rest of the clause would be valid
The effect of the amending Act is that the above mentioned words were deemed to have been omitted as from April 1 1956 and the rest of clause b is not repugnant to any of the provisions of the Central Act
Article 2541 therefore did not make s121b wholly void
All that it did was that the portion which refers to licensing became repugnant but it did not affect the rest of the section
At the time when the Mysore Act was passed it was within the legislative power of the Mysore Legislature and it may be that it was rendered unconstitutional by reason of sections 4 and 5 in the Central Act but that portion which deals with taxation cannot be held to be void because as a result of the Amending Act the words which were repugnant to the provisions of the Central
Act were subsequently declared by
the Mysore Legislature to be deemed to have been omitted as from April 1 1956 the day when the Central Act came into force
This is in accord with the view taken in Deep Chand vs The State of Uttar Pradesh and Others2 ie the doctrine of eclipse could be invoked in the case of a law which was valid when made but was rendered invalid by a supervening constitutional inconsistency
This 11947 L R 74 IA 1219
2 1959 Supp 2 section C R 8 2442
247 disposes of the challenge to the constitutionality of the Mysore Act on the five points set out above
Therefore the law may be summed up as follows 1 By passing the resolutions as to control and regulation the power to tax had not been surrendered to Parliament
2 The amending Act was not a new method of controlling prize competitions nor was it a piece of colourable legislation
3 There was no amendment of an Act which stood repealed nor was the retroactive operation of the Amending Act affected by article 2541 of the Constitution
The next three objections to the legality of the assessment were 1 that the assessment was provisional which was not contemplated under the Act  2 there should have been a fresh notification after the amendment of the Mysore Act and 3 at the time when the recovery proceedings were taken the tax had not become due as it was payable within a week which had not expired
On September 10 1957 the Deputy Commissioner Bangalore called upon the appellants to produce accounts in respect of prize competitions conducted as from April 1 1956 up to the date of the closure of the competitions and three days were given to comply with that notice
Their reply was that the Ordinance under which the notice was issued was unconstitutional and illegal and they also asked for thirty days in which to prepare their statements but they were granted a period of fifteen days only
They agreed to file their statements within the time allowed though under protest
These statements were submitted on October 9 1957 and at the end of the statements which showed a gross collection of Rs 2647147 5 9 there was the following endorsement  The above figures of collections are verified partly with available bank statements and partly with the books of accounts and are 248 subject to reconciliation between the amount as per ledger and that as above
The commis sion and expenses deducted by Collectors are accepted as per certificate of the Management and the State Account
Collections are verified only with
the Collection Register
Sd     
Chartered Accountants
 Under this the Deputy Commissioner wrote a letter on October 161957 in which it was said You are hereby called upon to pay up provisionally a sum of Rs 330893 7 0 towards tax amount to the Reserve Bank of India and forward the challan in token of pay ment to this office within a week
 As the tax was not paid the provisions of the were resorted to
This cannot be said to be a provisional assessment
The return submitted by the appellants as far as it went was accepted and on that the tax was demanded which was not a case of provisional assessment at all but as was held by the High Court it must be taken to be a final assessment and if and when any further assessment or a revised assessment is made the question may become relevant
The next question As to the necessity of a fresh notification the submission is equally unsubstantial
Its legality depends upon the constitutionality of amended s121b and if that is valid as we have held it to be the notification is equally valid
The notification was only in regard to the rate of taxation and had no reference to the obtaining or not obtaining of the licence
The last point raised was that the tax was payable within a week which had not expired
As we have pointed out the notice of demand called upon the appellants to pay the sum therein specified and to produce the challan in token of payment 249 within a week
It is not the case of the appellants that they had paid or were in a position to produce the challan within a week
It was not an order making the tax payable within a week
These objections in our opinion are without substance and are therefore overruled
In the result this appeal fails and is dismissed with costs
Appeal dismissed


Summary:
The Mysore Lotteries and Prize Competitions Control and Tax Act 1951 was passed by the Mysore Legislature arid came into force on February 1 1952
Some of the States comprising the Union of India passed resolutions under article 2521 of the Constitution of India authorising Parliament to legislate for the control and regulation of Prize Competitions and in pursuance thereof Parliament passed the  which came into force on April 1 1956 On February 23 1956 the Mysore Legislature adopted the said Act by passing a resolution under article 2521 that for the purpose of securing uniformity in legislation  the control and regulation of Prize Competitions and all other matters ancillary thereto should be regulated in the State of Mysore by the Prize Com petitions Act 1955
The appellants who were conducting prize competitions in the State of Mysore since 1948 filed a petition under article 32 of the Constitution challenging the constitutional validity of the Act and obtained a stay of the operation of the Act pending disposal of the petition
The judgment of the Supreme Court dismissing the petition was given on April 9 1957 and on August 31 1957 an Ordinance was issued which later was enacted into an Act Mysore Act 26 of 1957 by which the Mysore Act of 1951 was amended under which inter alia all prize competitions conducted between March 31 1956 and August 31 1957 were brought within the purview of the amended Act
As a result of this the prize competitions which as a result of the stay of the operation of the Central Act of 1955 were conducted by the appellants for the said period became liable for taxation
The appellants challenged the constitutional validity of the amendment on the grounds that 1 the Mysore Legislature by adopting the Central Act was no longer competent to pass any law in regard to prize competitions because the whole matter 231 including the power of taxation was surrendered in favour of Parliament 2 even if the whole power had not been surren dered the impugned Act ie the Mysore Act as amended violated article 2522 inasmuch as it indirectly amended the Central Act by adding a new method of control by imposition of penalties of a monetary nature 3 the Mysore Legislature could not amend an Act which stood repealed as a result of the enactment of the Central Act 4 the Mysore Act as amended was repugnant to the Central Act and was therefore to the extent of repugnancy void under article 2541 of the Constitution and 5 it was colourable legislation inasmuch as the tax was imposed on the prize competitions with the object of controlling them
Held 1 that by the adoption of the words control and regulation of prize competitions and all other matters ancillary thereto in the resolution dated February 23 1956 the Mysore Legislature did not surrender every matter and power connected with prize competitions including the power to tax BRMD Chamarbaugwala vs The Union of India 1957 SCR 930 relied on
2 that the subject of betting and gambling in entry 34 of List II of the Seventh Schedule to the Constitution of India and that of II taxes on betting and gambling in entry 62 of List II have to be read separately as separate powers and therefore when control and regulation of prize competitions was surrendered to Parliament by the resolution dated February 23 1956 the power to tax could not be said to have been surrendered In re The Central Province8  Berar Art No XIV of and State of Bombay vs BMD Chamarbaug wala   relied on
3 that the tax imposed under the Mysore Lotteries and Prize Competitions Control and Tax Act 1951 was not by way of penalty but was in the exercise of the power which the State Legislature possessed of imposing tax under entry 62 and consequently the amendment of the Mysore Act of 1951 could not be said to be a new method of controlling prize competitions nor was it a piece of colourable legislation
K C Gajapati Narayan Deo vs The State of Orissa   relied on
4 that the  dealt with betting and gambling in entry 34 whereas the taxing sections of the Mysore Act related to tax on betting and gambling under entry 62 and therefore article 2522 was not contravened by the amendment of the Mysore Act 232 State of Bombay vs RMD Chamarbaugwala 1957 SCR 874relied on
5 that there was no amendment of the Mysore Act which stood repealed nor was the retroactive operation of the remending Act affected by article 2541 of the Constitution
Deep Chand vs The State of Uttar Pradesh and others 1959 Supp 2 SCR 8 relied on