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Issues:
1. Legislative competence of the State Legislature regarding the Ajmer (Sound Amplifiers Control) Act, 1952. 2. Determination of whether the Act falls within the Union List or State List. 3. Examination of the impugned legislation in its pith and substance. 4. Analysis of the control of the use of amplifiers in relation to public health and tranquillity. 5. Assessment of the validity of the Act based on the powers conferred by the State List. The Supreme Court judgment addressed the legislative competence of the State Legislature concerning the Ajmer (Sound Amplifiers Control) Act, 1952. The Act was challenged by the respondents, leading to a reference under the Code of Criminal Procedure. The Judicial Commissioner of Ajmer held that the Act was ultra vires the State Legislature as it exceeded the powers conferred under the Government of Part C States Act, 1951. The Act was impugned for breaching conditions related to the use of sound amplifiers, leading to a prosecution of the respondents. The Court examined the provisions of the Act and the relevant constitutional framework to determine its validity. The Court analyzed whether the subject matter of the Act fell within the Union List or the State List. It was highlighted that the legislative competence of the State Legislature was limited to matters outside the Union List. The Court considered the Entries in both lists and emphasized the need to examine the impugned legislation in its pith and substance to ascertain its validity. The judgment referred to previous legal principles and rulings to establish the framework for determining the legislative competence of the State Legislature in cases of overlapping Entries between lists. The judgment delved into the control of the use of amplifiers in relation to public health and tranquillity. It was argued that while amplifiers could fall under the Union List concerning communication, the control of their use for public health reasons could be within the State List. The Court emphasized that the Act aimed to regulate the use of amplifiers to prevent disturbances and nuisances, which aligned with the State's power to legislate on public health matters. The Court examined the essence of the legislation and its purpose to connect it with the State List. Ultimately, the Court concluded that the Ajmer (Sound Amplifiers Control) Act, 1952, was within the legislative competence of the State Legislature. The judgment overturned the decision of the Judicial Commissioner of Ajmer, declaring the Act to be intra vires the State Legislature. The Court decided not to order a retrial due to the age of the matter and noted that the State did not intend to prosecute the respondents following the reversal of the decision. The appeal was allowed, and the decision under appeal was reversed.
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