Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Essential Supplies (Temporary Powers) Act (XXIV of 1946) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Essential Supplies Act (24 of 1946) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Essential Supplies (Temporary Powers) Act (XXIV of 1946), ss. 1 (3), 7—Applicability to “excluded areas"—Duration of Act extended in British India by Governor-General, and by Constituent Assembly after Indian Independence Act, 1947—Whether Act continues to be in force in excluded areas—Necessity of fresh notification—Delegation of legislative powers—Government of India Act, 1935, s. 92 (1).The Essential Supplies (Temporary Powers) Act (XXlV of l 1946) ca.me into force on 19th November, 1946. By a notification of 14th December, 1946, under s. 92 ( 1) of the Government of India Art, 1935, the Governor of Bengal directed that the Act shall apply to the District of Darjeeling which was an "excluded area". Section 1 (3) of the Essential Supplies Act provided that it shall cease to have effect on the expiration of the . period mentioned in s. 4 of the India (Central Government and Legislature) Act, 1946. By a notification issued by the Governor General under s. 4 the operation of the Essential Supplies Act was extended up to 31st March, 1948. The Constituent Assembly in which· the powers of the Houses -of Parliament under s. 4 of the abovesaid India Act of 1946 became vested after the passing of the Indian Independence Act, 1947, passed resolutions extending the operation of the Essential Supplies Act up to 31st March, 1950. appellant, who was convicted under s. 7 of the Act inrespect of an act committed on the 14th October, 1949, within Darjeeling, contended that the Act Vas not validly extended to the District of Darjeeling and was not therefore in force there on the date of the alleged offence. Held, that, as the Governor's notification extended the Act to the District of Darjeeling without specifying any particular period for its applicability, the Art would remain in force in this district as long as it remained in force in the rest of India and a fresh notification of the Governor under s. 92 (1) of the Government of India Act, 1935, was notnecessary. Under the adaptations made under ss. 9 and 19 of the Indian Independence Act the powers conferred on the Howes of Parliament became vested in the Constituent Assembly and the Act was in force in the district of Darjeeling on the date of the alleged contravention of the Act. |
Judge | Hon'ble Mr. Justice N. Chandrasekhara Aiyar |
Neutral Citation | 1951 INSC 44 |
Petitioner | Joylal Agarwala |
Respondent | The State |
SCR | [1952] 1 S.C.R. 127 |
Judgement Date | 1951-10-04 |
Case Number | 7 |
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