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october 2003

Supreme Court of India · 2003-10-30

Kishorebhai Khamanchand Goyal vs State Of Gujarat And Anr

Citation / case number
AIR 2004 SUPREME COURT 1006
Court
Supreme Court of India
Petitioner
Kishorebhai Khamanchand Goyal
Respondent
State Of Gujarat And Anr
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the Gujarat High Court's ruling that the Motor Transport Workers Act, 1961 does not impliedly repeal the Bombay Shops and Establishments Act, 1948. The Court emphasized the presumption against repeal by implication, citing various precedents including Municipal Council, Palai vs. I.J. Joseph and Northern India Caterers (Private) Ltd. The Court concluded that both statutes can coexist as they operate in different fields, thus affirming the High Court's decision.

Kishorebhai Khamanchand Goyal vs State Of Gujarat And Anr · Niyam