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august 1965

Supreme Court of India · 1965-08-09

PEMA CHIBAR ALIAS PREAMABHAI CHHIBABHAITANGAL vs UNION OF INDIA AND OTHERS

Citation / case number
SC 1965/87
Court
Supreme Court of India
Petitioner
PEMA CHIBAR ALIAS PREAMABHAI CHHIBABHAITANGAL
Respondent
UNION OF INDIA AND OTHERS
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that the petitioner, a resident of Daman, could not enforce import licences issued prior to the acquisition of the territory by India, as there was no recognition of such rights by the new sovereign. The Court clarified that residents of a conquered territory do not carry over rights from the previous sovereign unless explicitly recognized by the new government. The Court found that the old laws were not in force during the interregnum between the conquest and the enactment of new laws, thus upholding the validity of the Military Governor's proclamation regarding recognized imports.

PEMA CHIBAR ALIAS PREAMABHAI CHHIBABHAITANGAL vs UNION OF INDIA AND OTHERS · Niyam