AMADALAVALASA COOPERATIVE. AGRICULTURAL & INDUSTRIAL SOCIETY LTD. & ANOTHER versus UNION OF INDIA & ANOTHER

AMADALAVALASA COOPERATIVE. AGRICULTURAL & INDUSTRIAL SOCIETY LTD. & ANOTHER versus UNION OF INDIA & ANOTHER

Liability to pay evaded insurance premia under the Emergency Risks (Goods) Insurance Act, 1962 and Emergency Risks (Factories) Insurance Act, 1962 arose during the operation of the Acts and could be ascertained and enforced after their expiry by virtue of section 6 of the General Clauses Act. Challenge to such liability under Articles 14, 19, and 31 does not survive as the rights under Article 19 were suspended during the Emergency and any liability incurred could be enforced post-Emergency.

Parties
Petitioner: Amadalavalasa Cooperative Agricultural & Industrial Society Ltd.; Petitioner: K. Rajendra Chowdhary; Appellant/respondent: B. Sen; Appellant/respondent: G. S. Rama Rao; Appellant/respondent: Naunit Lal; Appellant/respondent: K. Srinivasamurthy; Appellant/respondent: Lalita Kohli; Respondent: Gopalaratnam; Respondent: A. T. M. Sampath
Jurisdiction
India
Judgment Date
17 November 1975
Procedural Posture
Civil Appeals and Writ Petition Under Article 32 / Appeal From High Court and Original Jurisdiction
Outcome
Writ Petition dismissed; Civil Appeals Nos. 506-510, 842-844, 1710-1713 of 1971 dismissed; Civil Appeals Nos. 2319-2354 of 1972 allowed; no order as to costs.
Legal Topics
Effect of Emergency Proclamation, Application of General Clauses Act After Expiry of Statute, Validity of Compulsory Insurance Statutes, Article 19 and 31 Challenges During and After Emergency, Recovery of Insurance Premia Evaded Under Statutory Schemes
Constitutional Law Administrative Law Insurance Law Effect of Emergency Proclamation Application of General Clauses Act After Expiry of Statute Validity of Compulsory Insurance Statutes Article 19 and 31 Challenges During and After Emergency Recovery of Insurance Premia Evaded Under Statutory Schemes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amadalavalasa Cooperative Agricultural & Industrial Society Ltd.

Petitioner

K. Rajendra Chowdhary

Petitioner

B. Sen

Appellant/respondent

G. S. Rama Rao

Appellant/respondent

Naunit Lal

Appellant/respondent

K. Srinivasamurthy

Appellant/respondent

Lalita Kohli

Appellant/respondent

Gopalaratnam

Respondent

A. T. M. Sampath

Respondent

Procedural Posture

Civil Appeals and Writ Petition Under Article 32 / Appeal From High Court and Original Jurisdiction

Legal Issues

  1. 1 Whether liability for evaded insurance premia under Emergency Risks Insurance Acts incurred during Emergency can be enforced after expiry of Emergency and the Acts
  2. 2 Whether provisions of the Emergency Risks (Goods) Insurance Act, 1962 and the Emergency Risks (Factories) Insurance Act, 1962 violate Articles 14, 19, and 31 of the Constitution
  3. 3 Whether section 6 of the General Clauses Act applies to permit determination and recovery of such liability after expiry of the Acts

Ratio Decidendi

Liability to pay evaded insurance premia under the Emergency Risks (Goods) Insurance Act, 1962 and Emergency Risks (Factories) Insurance Act, 1962 arose during the operation of the Acts and could be ascertained and enforced after their expiry by virtue of section 6 of the General Clauses Act. Challenge to such liability under Articles 14, 19, and 31 does not survive as the rights under Article 19 were suspended during the Emergency and any liability incurred could be enforced post-Emergency.

Court Disposition

Writ Petition dismissed; Civil Appeals Nos. 506-510, 842-844, 1710-1713 of 1971 dismissed; Civil Appeals Nos. 2319-2354 of 1972 allowed; no order as to costs.

Orders

  • Writ Petition No. 461 of 1971 dismissed.
  • Civil Appeals Nos. 506-510, 842-844, 1710-1713 of 1971 dismissed.