STATE OF ASSAM versus ASSAM TEA CO. LTD.

STATE OF ASSAM versus ASSAM TEA CO. LTD.

The notification issued in 1951 under the Assam Municipal Act, 1923, continued in force by virtue of s. 26 of the Assam General Clauses Act, 1915, after the 1957 Act came into operation. Thus, the State Government was competent to include the respondent's area in the Nazira Town Committee under the 1957 Act, and the...

Source-derived case information.

Parties
Appellant: State of Assam; Respondent: Assam Tea Co. Ltd.
Jurisdiction
India
Judgment Date
21 August 1970
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated March 28, 1969 of the Assam and Nagaland High Court in Civil Rule No. 183 of 1965
Outcome
Appeal allowed
Legal Topics
Continuance of Notifications After Repeal of Statute, Extension of Municipal Boundaries, Application of General Clauses Act to Repealed Enactments
Municipal Law Administrative Law Continuance of Notifications After Repeal of Statute Extension of Municipal Boundaries Application of General Clauses Act to Repealed Enactments

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Summary, issues, holding and outcome

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Parties

State of Assam

Appellant

Assam Tea Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated March 28, 1969 of the Assam and Nagaland High Court in Civil Rule No. 183 of 1965

Legal Issues

  1. 1 Whether notifications dated January 6, 1964 and September 30, 1964 issued under the Assam Municipal Act, 1957, were unauthorized due to lack of extension of ss. 4 and 5 to the Nazira Town Committee after repeal of the 1923 Act
  2. 2 Whether the 1951 notification under the 1923 Act continued under the 1957 Act

Ratio Decidendi

The notification issued in 1951 under the Assam Municipal Act, 1923, continued in force by virtue of s. 26 of the Assam General Clauses Act, 1915, after the 1957 Act came into operation. Thus, the State Government was competent to include the respondent's area in the Nazira Town Committee under the 1957 Act, and the notifications of January 6, 1964 and September 30, 1964 were valid.

Court Disposition

Appeal allowed

Orders

  • The order passed by the High Court is set aside.
  • The petition is dismissed with costs throughout.