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october 1951

Supreme Court of India · 1951-10-04

JOYLAL AGARWALA vs THE STATEUNION OF INDIA-- Intervener.BICH

Citation / case number
SC 1950/67
Court
Supreme Court of India
Petitioner
JOYLAL AGARWALA
Respondent
THE STATEUNION OF INDIA-- Intervener.BICH
Bench
KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court ruled that the Essential Supplies (Temporary Powers) Act, 1946, was validly extended to the District of Darjeeling without the need for a fresh notification, as the Governor's notification did not specify a particular period for its applicability. The Court held that the Act remained in force in Darjeeling as long as it was in force in the rest of India, and the powers of the Houses of Parliament were vested in the Constituent Assembly post-Indian Independence Act, 1947. Additionally, the Court clarified that there was no delegation of legislative power involved, as the Legislature had determined the Act's duration.

JOYLAL AGARWALA vs THE STATEUNION OF INDIA-- Intervener.BICH · Niyam