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    <title>1957 (7) TMI 44 - BOMBAY HIGH COURT</title>
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    <description>A provincial or State Legislature cannot extend marriage or penal legislation to a bigamous marriage solemnised wholly outside its territory merely because one spouse was said to be domiciled or resident in Bombay. The court treated domicile as insufficient to supply the territorial nexus needed for extra-territorial operation, so the provision voiding such out-of-State marriages was ultra vires. The associated penal provision, which depended on that invalid reach, could not constitutionally punish or try an offence committed outside Bombay. By contrast, the procedural provision assigning trial to Magistrates was upheld as intra vires, and repeal of the Act did not bar prosecution for an offence allegedly committed while the Act was in force.</description>
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    <pubDate>Wed, 03 Jul 1957 00:00:00 +0530</pubDate>
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      <title>1957 (7) TMI 44 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=275212</link>
      <description>A provincial or State Legislature cannot extend marriage or penal legislation to a bigamous marriage solemnised wholly outside its territory merely because one spouse was said to be domiciled or resident in Bombay. The court treated domicile as insufficient to supply the territorial nexus needed for extra-territorial operation, so the provision voiding such out-of-State marriages was ultra vires. The associated penal provision, which depended on that invalid reach, could not constitutionally punish or try an offence committed outside Bombay. By contrast, the procedural provision assigning trial to Magistrates was upheld as intra vires, and repeal of the Act did not bar prosecution for an offence allegedly committed while the Act was in force.</description>
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      <pubDate>Wed, 03 Jul 1957 00:00:00 +0530</pubDate>
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