Supreme Court of India
State of Kerala & Ors. v. M/s. Mar Appraem Kuri Co. Ltd. & Anr.
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14 Supreme Court benches have cited this judgment.
What the Court ordered
Conclusions are as follows :i) On timing, H we hold that, repugnancy arises on the making and not 512 SUPREME COURT REPORTS [2012] 4 S.C.R. A commencement of the law, as correctly held in the judgment of this Court in Pt.
Judgment, page 64
From the headnote
c Constitution of India, 1950 - Article 254 (1) and Seventh Schedule List Ill, Entry 7 - Central Law and State Law - Repugnancy of State Law - Whether from the date the Central Law was made i.e. assent given by the President of India or from the date the Central Act was enforced in that State - Held: 0 Repugnancy arises on the making of the law i.e. when the Central Act received the assent of the President and not on its commencement/enforcement - The Central Law though not brought in force in that State, is still a law made, which is alive as an existing Law - In the present case the
Authorities it was built on
- 1979 M. Karunanidhi v. Union of India
- 1968 T. S. Baliah v. T. S. Rengachari
- 1963 State of Orissa v. M.A. Tulloch and Co.
- 1960 The Hingir-rampur Coal Co., Ltd. and Others v. The State of Orissa and Others
- 1954 The Edward Mills Co. Ltd., Beawar, and Others v. The State of Ajmer and Another.
- 1982 T. Barai v. Henry Ah Hoe and Another
- 1954 State of Punjab v. Mohar Singh
- 1993 Shriram Chits and Investment (p) Ltd. v. Union of India and Ors.
- 1968 Amalgamated Electricity Co. v. Municipal Committee, Ajmer
- 2009 Kerala State Cashew Development Corporation v. Shahal Hassan Mussaliar & Anr.
Where later benches applied it
- 2021 G. Mohan Rao & Ors. v. State of Tamil Nadu & Ors.
- 2018 State Bank of India v. V. Ramakrishnan & Anr.
- 2018 A. A. Padmanbhan v. The State of Kerala & Ors.
- 2016 Jindal Stainless Ltd. & Anr v. State of Haryana & Ors
- 2025 State of Kerala & Another v. Asianet Satellite Communications Ltd. & Others
- 2024 State of U.P. & Ors v. M/s Lalta Prasad Vaish and Sons
- 2024 Mineral Area Development Authority & Anr. v. M/s Steel Authority of India & Anr. Etc.
- 2022 Maharashtra State Board of Wakfs v. Shaikh Yusuf Bhai Chawla & Ors.
- 2022 All Kerala Distributors Association, Kottayam Unit, Represented by its Secretary v. The State of Kerala & Anr.
- 2022 The Secretary to Govt. of Kerala, Irrigation Department and Others v. James Varghese and Others
- 2021 Forum for People’s Collective Efforts (fpce) & Anr. v. The State of West Bengal & Anr.
- 2019 M/s Oriental Kuries Ltd. Represented by its Chairman P. D. Jose v. Lissa & Ors.
- 2017 State of Uttarakhand & Ors. v. M/s. Kumaon Stone Crusher
- 2014 The Security Association of India & Anr. v. Union of India & Ors.
Of those, 4 relied on · 10 referred to
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