Supreme Court of India

Deep Chand v. The State of Uttar Pradesh and Others

Neutral citation

Reported as [1959] SUPP. 2 S.C.R. 8

Bench Sudhi Ranjan Das J.

Decided 15 January 1959

Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the validity of the Act could not be test- The Stat; '01 Uttar ed on the basis of the Constitution (Fourth Amend- Pradesh c;. Others ment) Act, 1955, but only on the terms of the relevant Articles as they existed prior to the Amendment.

Judgment, page 34

From the headnote

Transport Service-Scheme of nationalisation formulated under State enactment of Amendment of Central Act-Ejfect-Repugnancy -Constitutional validity of State enactment-Uttar Pradesh Trans port Service (Development) Act (IX of r955), s. rr(5)-Motor Vehicles (Amendment) Act, r956 (roo of r956), Ch. IV -General Clauses Act, r897 (roof r897), s. 6-Constitution of India-Articles I], JI, 245, 246, 254. These appeals impugned the constitutionality of the Uttar Pradesh Transport Service (Development) Act, 1955 (U. P. IX of 1955), passed by the State Legislature after obtaining the assent of the

Authorities it was built on

1950 Chiranjit Lal Chowdhuri v. The Union of India and Others. cited by 50
1954 Zaverbhai Amaidas v. The State of Bombay cited by 34
1956 Pannalal Binjraj v. Union of India. cited by 27
1954 Behram Khurshed Pesikaka v. The State of Bombay. cited by 26
1955 Bhikaji Narain Dhakras and Others v. The State of Madhya Pradesh and Another. cited by 12

Where later benches applied it

2024 State of U.P. & Ors v. M/s Lalta Prasad Vaish and Sons relied on
2022 The State of Manipur & Ors. v. Surjakumar Okram & Ors. relied on
2022 All Kerala Distributors Association, Kottayam Unit, Represented by its Secretary v. The State of Kerala & Anr. followed
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2022 The Secretary to Govt. of Kerala, Irrigation Department and Others v. James Varghese and Others referred to
2022 Pattali Makkal Katchi v. A. Mayilerumperumal & Ors. referred to
2021 Forum for People’s Collective Efforts (fpce) & Anr. v. The State of West Bengal & Anr. referred to
2017 M/s. Innoventive Industrles Ltd. v. Icici Bank & Anr. referred to
2011 Banatwala & Company v. L.L.C. of India & Anr. referred to
2010 K.K. Poonacha v. State of Karnataka and Others referred to
2013 Christian Medical College Vellore & Ors v. Union of India and Ors. mentioned
2020 Sri Marthanda Varma (d) Thr. Lrs. & Anr. v. State of Kerala & Ors. not applicable
2014 Usha Bharti v. State of U.P. & Ors. not applicable

Of those, 2 relied on · 1 followed · 7 referred to · 1 mentioned · 2 not applicable

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