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1975 Supreme(SC) 477

A.C.GUPTA, R.S.SARKARIA, Y.V.CHANDRACHUD
Lachmi Narain – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.SEN GUPTA, B.N.KIRPAL, B.SEN, BALRAM SANGAL, C.P.LAL, LEILA SAIL, M.C.BHANDARE, M.N.SHROFF, S.P.NAIR, S.V.Gupta, SARDAR BAHADUR SAHARYA, SARJU PRASAD, U.K.KHAITAN, V.B.SAHARYA

JUDGMENT

SARKARIA, J.:— Whether the Notification No. SRO-2908 (3908?) dated December 7, 1957 issued by the Central Government in purported excercise of its powers under Sec. 2 of the Union Territories (Laws) Act, 1950, is ultra vires the Central Government, is the principal question that arises in these appeals which will be disposed of by a common judgment. 716

2. The question has arisen in these circumstances: Section 2 of the Part C States (Laws) Act, 1950, empowered the Central Government to extend by notification in the Official Gazette, to any Part C State, or to any part of such State, with such restrictions and modifications as it thinks fit, any enactment which is in force in a Part A State. In exercise of this power, the Central Government by a Notification No. SRO 615 dated the 28th April 1951, extended to the then Part C State of Delhi, the Bengal Finance (Sales-tax) Act, 1941 (for short, the Bengal Act), with, inter alia, these modifications:

"In sub-section (2) of Sec 6, -

(a) ........

(b) for the words "add to the Schedule", the words "add to or omit or otherwise amend the Schedule" shall be substituted".

3. For the Schedule of the Bengal Act, this Notification substitut

































































































































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