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february 1961

Supreme Court of India · 1961-02-10

THE CHIEF INSPECTOR OF MINES AND ANOTHER vs LALA KARAM CHAND THAPAR ETC.

Citation / case number
SC 1959/107
Court
Supreme Court of India
Petitioner
THE CHIEF INSPECTOR OF MINES AND ANOTHER
Respondent
LALA KARAM CHAND THAPAR ETC.
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the Indian Coal Mines Regulations, 1926, continued to be in force despite the repeal of the Mines Act, 1923, under Section 24 of the General Clauses Act, 1897, and thus the prosecution under Sections 73 and 74 of the Mines Act, 1952, was valid. The Court clarified that 'any one of the directors' in Section 76 of the Mines Act, 1952, effectively means 'every one of the directors', allowing for the prosecution of all directors. The Court also ruled that the Regulations constituted 'laws in force' under Article 20(1) of the Constitution, rejecting the argument that they had ceased to exist due to the repeal of the earlier Act.

THE CHIEF INSPECTOR OF MINES AND ANOTHER vs LALA KARAM CHAND THAPAR ETC. · Niyam