Supreme Court of India
The State of Manipur & Ors. v. Surjakumar Okram & Ors.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the Manipur Legislature was competent to enact the Repealing Act, 2018.
Judgment, page 26
From the headnote
Repeal: There is no question of repeal of a statute which ha s been declared unconstitutional by the Court – In Bimolangshu Roy, Assam Act, 2004 was struck down as unconstitutional – The 2012 Act was not the subject matter of consideration in Bimolangshu Roy – Thus, it is well within the competence of the Manipur L egislature to repeal the 2012 Act, which has not been adjudged as unconstitutional by any Court till the Repealing Ac t, 2018 was enacted – Manipur Parliamentary Secretary (Appointme nt, Salary and Allowances and Miscellaneous Provisions) Act, 2012 – Assam Parliamentary Secretary
Authorities it was built on
- 1954 Behram Khurshed Pesikaka v. The State of Bombay.
- 1967 I. C. Golak Nath & Ors. v. Sta Te of Punjab & Anrs.
- 1988 Ujagar Prints Etc. v. Union of India & Ors. Etc.
- 1959 Deep Chand v. The State of Uttar Pradesh and Others
- 1989 India Cement Ltd. v. State of Tamil Nadu Etc.
- 1981 Gokaraju Rangaraju Etc. v. State of Andhra Pradesh
- 1997 Ashok Kumar Gupta and Anr. v. State of U.P. and Ors.
- 1991 Orissa Cement Ltd and Ors. Etc. Etc v. State of Orissa and Ors. Etc. Etc.
- 1996 Election Commission of India v. Dr. Subramanian Swamy and Anr.
- 1961 The General Manager, Southern Railway v. Rangachari
- 2010 State of U.P. and Ors. v. Hirendra Pal Singh Etc
- 2002 State of Punjab v. Harnek Singh
- 2017 Bimolangshu Roy (dead) through Lrs v. State of Assam & Another
Where later benches applied it
Of those, 2 mentioned
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