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1975 Supreme(Ker) 96

P.GOVINDA NAIR, T.KOCHU THOMMEN
GWALIOR RAYON SILK MFG. CO. – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

1. The question raised in this appeal is covered by a direct authority of this Court against the appellant which has been referred to by Gopalan Nambiyar J., in the judgment under appeal; the decision in M/s. Marikar Motors Ltd. v. The Chief Enforcement Officer, Emergency Risks Insurance Scheme, Madras and Another AIR. 1973 Ker. 2. A Division Bench of the Madras High Court in the decision in M/s. Stoneware Pipes (Madras) Ltd. v. Union of India AIR. 1971 Mad. 442 has taken a different view. The question turns on the interpretation of S.1 (3) of the Emergency Risks (Goods) Insurance Act, 1962, for short, the Goods Act, and S.1 (3) in identical terms of the Emergency Risks (Factories) Insurance Act, 1962, for short, the Factories Act. We shall extract the sub-section from the Goods Act:

"It shall remain in force during the period of operation of the Proclamation of Emergency issued on the 26th October, 1962 and for such further period as the Central Government may, by notification in the Official Gazette, declare to be the period of emergency for the purposes of this Act, but its expiry shall not affect any thing done or omitted to be done before such expiry and S.6 of the















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