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may 2012

Supreme Court of India · 2012-05-08

State Of Kerala & Ors vs M/S. Mar Appraem Kuri Co.Ltd. & Anr

Citation / case number
AIR 2012 SUPREME COURT 2375
Court
Supreme Court of India
Petitioner
State Of Kerala & Ors
Respondent
M/S. Mar Appraem Kuri Co.Ltd. & Anr
Author
S. H. Kapadia
Bench
Jagdish Singh Khehar, Ranjana Prakash Desai, D.K. Jain, S. H. Kapadia

Judgment text excerpt

The Supreme Court addressed the issue of repugnancy between the Kerala Chitties Act, 1975 and the Central Chit Funds Act, 1982 under Article 254(1) of the Constitution. The Court clarified that repugnancy arises when the Central Act receives Presidential assent, not when it is brought into force by notification. The judgment reaffirmed the principle established in Pt. Rishikesh v. Salma Begum regarding the operation of laws post-assent, holding that the Kerala Act is repugnant to the Central Act from the date of assent, thus resolving the constitutional question raised.

State Of Kerala & Ors vs M/S. Mar Appraem Kuri Co.Ltd. & Anr · Niyam