Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1963

Supreme Court of India · 1963-08-16

STATE OF ORISSA vs M. A. TULLOCH AND CO.(AND CONNECTED APPEAL)

Citation / case number
SC 1962/153
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
M. A. TULLOCH AND CO.(AND CONNECTED APPEAL)
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,DAYAL, RAGHUBAR,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the Orissa Mining Areas Development Fund Act, 1952 was superseded by the Mines and Minerals (Regulation and Development) Act, 1957, which contains a declaration under Entry 54 of the Seventh Schedule. The Court ruled that liabilities accrued prior to the enforcement of the Central Act cannot be deemed wiped out, as the Central Act is not retrospective. The decision in Hingir-Rampur Coal Co. v. State of Orissa was followed, establishing that a competent legislature can express an intention to cover the entire field, leading to repugnance with prior state legislation under Article 246(1).

STATE OF ORISSA vs M. A. TULLOCH AND CO.(AND CONNECTED APPEAL) · Niyam