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february 1954

Supreme Court of India · 1954-02-10

THE RAJAHMUNDRY ELECTRIC SUPPLYCORPORATION LTD. vs THE STATE OF ANDHRA.

Citation / case number
SC 1952/30
Court
Supreme Court of India
Petitioner
THE RAJAHMUNDRY ELECTRIC SUPPLYCORPORATION LTD.
Respondent
THE STATE OF ANDHRA.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court ruled that the Madras Electricity Supply Undertakings (Acquisition) Act, 1949, was beyond the legislative competence of the Madras Legislature as there was no relevant entry in the three Lists of the Seventh Schedule of the Government of India Act, 1935, concerning the compulsory acquisition of commercial or industrial undertakings. The Court emphasized that Section 299(2) of the Government of India Act, 1935, did not authorize such legislation. Consequently, the Court quashed the order of the Government declaring the appellant's undertaking to vest in the Government.

THE RAJAHMUNDRY ELECTRIC SUPPLYCORPORATION LTD. vs THE STATE OF ANDHRA. · Niyam