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...“doctrine of occupied field”. If, however, any matter is not touched by that enactment, it will be competent for the Executive to either issue executive instructions or to make a rule under Article 309...in that category and, therefore, on the principle of “occupied field”, the rules under Article 309 cannot supersede the rules made by the legislature.10. So far as the.... The legislative field indicated in this article is the same as is indicated in Entry 71 of List I of the Seventh Schedule or Entry 41 of List II of that Schedule. The proviso, however, gives power to...
...legislation in the Lists where one may plausibly invoke the doctrine of occupied field. Examples may, perhaps, be furnished by Entries 52 and 54 of List I, Entries 23 and 24 of List II and Entry 3...be a real conflict between the two Acts i.e the two enactments must come into collision. The doctrine of Dominion paramountcy does not operate merely because the Dominion has legislated on the same subject-matter. The ...presently examine it — then the State law may still prevail since the assent of the President has been obtained for the Debt Act. Thirdly, the doctrine of “occupied field” does not totally deprive...
...the 1998 Rules qua the post of Junior Engineer in the service involved, thus leads to the inevitable conclusion that those are nonest being rendered thus on the Doctrine of Occupied Field and is thus...1. The present writ petitions have been filed assailing validity of R.14 of the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 added vide...amendment Notification dt.06.03.2013 where relaxation has been granted to such of the incumbents who had worked on contract basis and now through the placement agencies after the order of Division Bench of...
...proceeds on the doctrine of occupied field and the concept of federal supremacy. In short, the contention is that the Union power shall prevail in a case of conflict between List II and List III. ...void. The learned Solicitor General contends that the question has to be determined not by the application of the doctrine of occupied field but by the rule of ‘pith and substance’. He further...:The doctrine of occupied field applies only where there is a clash between Dominion legislation and provincial legislation within an area common to both...
...that these rules occupy the whole field of executive discretion, and, therefore, by the doctrine of occupied field there is no scope left for exercise of executive action outside the purv...conditions applicable to the IAS. It is, therefore, incorrect to contend that the field of possible executive action is completely occupied by the statute or the statutory rules framed thereunder, deriving...from the said cadre for the post of Additional Secretary/Secretary to the Government of India. This is a subject in respect of which the field does not appear to be occupied. Consequently, it was...
...depositors. Hence, in our opinion, the doctrine of occupied field or repugnancy, has no application in the present case.25. The object of the Tamil Nadu Act was to give a speedy...as it falls within Entries 43, 44 and 45 of List I of the Seventh Schedule to the Constitution. It was also submitted that the impugned Act is liable to be struck down as the field of legislation is...already occupied by legislation of Parliament being the Reserve Bank of India Act, 1934; the Banking Regulation Act, 1949; the Companies Act, 1956; and the Criminal Law Amendment Ordinance, 1944 as...
...order to appreciate the contention regarding the applicability of the doctrine of “occupied field”, it is necessary to examine the scheme of both the enactments.7. The s...provisions because the field was occupied by the provisions of the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (the Central Act) and the Medicinal and Toilet Preparations (Excise Duties...is in the occupied field. The answer is that the enumeration of “intoxicating liquor” in Entry 8, List II, confers exclusive power to the State to legislate in respect of medicinal and toilet...
...Offshore Holdings (P) Ltd. v. Bangalore Development Authority (2011) 3 SCC 139 wherein the concept of repugnancy an...of the provisions of Article 254 of the Constitution which provide that if the Central legislation is occupying a field, any law made by the State which is inconsistent or in conflict with the...Dr B.S Chauhan, J.— This appeal has been preferred against the impugned judgment and order dated 2-5-2003, passed by the High Court of Judicature of Allahabad in...
...sec. 107 (2) of the Government of India Act, 1935, but by an extension of the principle of sec. 107 by analogy or by the application of the Canadian doctrine of...legislature, it is unnecesesary to invoke the rule of severability to uphold the validity of the impugned Act. Language has sometimes been employed in enunciating the doctrine of “occupied, field”...may seem to suggest that in respect of a field occupied by Central legislation, the provincial legislature would have no power at all to deal with the subject. But having considered all the decisions bearing on that questio...
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the petitioner. Mr. Das highlighted upon the provisions of the OPID Act contending that the doctrine of occupied field applies as the special st...governs the field which is a complete Code in itself and therefore, the doctrine of occupied field squarely applies. On a reading of the judgment in CRLA No.32 of 2020, it is made to unde...
CRLMC No.3386 of 2022 Page 1 of 7
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.3386 of 2022...
...doctrine of occupied field because of paramountcy, Central legislation will operate over State law but to the extent the State law is inconsistent or in conflict with the Central law. In support ...Act) by invoking the doctrine of incorporation are not applicable to the recovery of dues by the cooperatives from their members.98. The field of cooperative societies...institution including a cooperative bank is a matter that integrally falls within the core and substantive area of the legislative field banking in Entry 45, List I of the Seventh Schedule of the...
...irreconcilable conflict between the two laws so enacted, the State law will be a stillborn law and it must yield in favour of the Central law. To the doctrine of occupied/overlapping field, resulting in.... There must be a real conflict between the two Acts i.e the two enactments must come into collision. The doctrine of Dominion paramountcy does not operate merely because the Dominion has legislated on the same subject-matter. The ...for acquisition of land like the Land Acquisition Act, 1894 traceable to Entry 42 of List III of the Seventh Schedule to the Constitution of India, the field in respect of which is already ...
...doctrine of repugnancy, as well as the doctrine of pith and substance and occupied field, the Apex Court in I.T.C Ltd. v. State of Karnataka, 1985 Supp. S...Articles 245 and 246.(5) The doctrine of occupied field has a great place in the interpretation as to whether or not a particular Legislature is competent to legislate on a particular entry...be construed in harmonious manner so as to avoid any conflict. In other words, only in case of conflict or collision or where there is a glaring repugnancy the very doctrine of occupied field will be...
...doctrine of 'occupied field' arises for consideration.
2. The petitioners have been prosecuted in Crime No. 20/VC-ADB/90 for the offence punishable under Sections 7...1. This writ petition raises an important point for consideration impinging upon the operation of general law, when special law is enacted for the said purpose. Concisely speaking, the...and 8 of Essential Commodities Act, 1955 on the ground of violation of Clause 3(1) of Seeds (Control) Order, 1983. The writ petition was admitted and stay was granted and as such, prosecution...
...Act LII of 1950 a tacit approval by the Legislature of the amendment in act xxiv of 1946 introduced by bombay act xxxvi of 1947.Mr. Dalal asks me not to apply the doctrine of what is...deciding whether Act XXXVI of 1947 is repugnant to any of the provisions of Act LII of 1950. The doctrine of occupied field was enunciated by Mr. Justice Isaacs in the case ...unless there is a necessary inconsistency in the two Acts standing together.”In my opinion it is correct that as far as our Constitution is concerned, the doctrine of occupied field cannot...
...be understood to be containing self regulatory measures which are not restrictive in nature.
6 Insofar as the argument on the basis of the doctrine of occupied field is concerned, a...Industries Commission Act, 1956. There has been a transgression into an occupied field by the enactment of the Amendment Act according to the learned counsel...Legislature can be understood to have encroached a field occupied by a Central Act. Both the enactments operate in unconnected/different fields.
7 Both the issues raised on behalf of the...
...ability and fairness, relied mainly on Article 246 of the Constitution of India and the doctrine of occupied ...Parliament and State Legislatures. The fifth principle spelled out in paragraph 17 of the judgment is relevant for our purposes and it reads thus:“The doctrine of occupied field has a great...contention was that after the enactment of Section 32-G, the Central Act occupied the field of recovery of the dues of the State Financial Corporation as arrears ...
...), AIR 1956 SC 676 (B).10. The opposite view-point was presented by the learned Government Advocate. It was submitted that the doctrine of “occupied field” cannot be...import the doctrine of “occupied field” in the interpretation of Article 254 of aw Constitution or of secti...Government of India Act.11. Even in Australia the doctrine of “occupied field” been criticised as ??? For example, Wynes has stated the legal position as follows in his treatise on...
...; therefore to that extent either they should be struck down as being unconstitutional on the Doctrine of Occupied Field/Repugnancy, or held not enforceable against the Petitioners. (f) That a...occupied by the Central Law (Central Government Notification of 2009) way back in 2009 itself because of Article 254(1) of the Constitution which enacts the doctrine of..., the doctrine of pith and substance in the understanding of the exertion of the legislative power, and that wherever the question of legislative competence crops up, the test is whether the...
...opposition to the impugned select-list. Sri S. C. Budhwar and Sri P. M. N. Singh canvassed by invoking the 'doctrine of occupied field' that the impugned selection of Sub-Inspectors for promotion to...Legislature", the rule making power under the proviso to Article 309 shall not be invoked. This is what the "doctrine of occupied field" implies.
13. In Shri A. B. Krishna and...intervenes to enact a law regulating the conditions of service the power of ' Executive, including the President or the Governor as the case may be, is totally displaced on the principle of "Doctrine of ...