KAISER I HIND PRIVATE LIMITED Vs. NATIONAL TEXTILE CORPORATION MAHARASHTRA NORTH LIMITED
LAWS(SC)-2002-9-58
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on September 25,2002

KAISER-I-HIND PRIVATE LIMITED Appellant
VERSUS
NATIONAL TEXTILE CORPORATION (MAHARASHTRA NORTH) LIMITED Respondents





Cited Judgements :-

M/S. LABHSHETWAR & SAKKARWAR VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-12-43] [REFERRED TO]
M/S HINDUSTAN ENGG. & MARTINE CORPORATION & ANR. VS. KOLKATA PORT TRUST [LAWS(CAL)-2016-9-179] [REFERRED TO]
VITTHAL S O DEWAJI CHAVAN VS. MEDICAL COUNCIL OF INDIA [LAWS(BOM)-2003-7-29] [REFERRED TO]
KAY KAY EMBROIDERIES PVT LTD VS. CLOTH MARKETS AND SHOPS BOARD [LAWS(BOM)-2006-8-66] [REFERRED TO]
COMMISSIONER, COMMERCIAL TAX, GOVT. OF MADHYA PRADESH VS. THE OFFICIAL LIQUIDATOR AND ORS. [LAWS(DLH)-2016-4-75] [REFERRED TO]
JINDAL STAINLESS LTD.& ANR. VS. STATE OF HARYANA & ORS. [LAWS(SC)-2016-11-11] [REFERRED TO]
ALL KERALA DISTRIBUTORS ASSOCIATION, KOTTAYAM UNIT VS. STATE OF KERALA [LAWS(SC)-2022-7-96] [REFERRED TO]
M/S BAND BOX PRIVATE LIMITED VS. ESTATE OFFICER, PUNJAB & SIND BANK [LAWS(SC)-2014-2-80] [REFERRED TO]
PEPOLE FOR ELEMINATION VS. STATE OF GOA [LAWS(BOM)-2008-12-90] [REFERRED TO]
ASKAY AND CO PVT LTD VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(BOM)-2006-4-151] [REFERRED TO]
HEERA MIDHA AND ORS VS. INDIAN TOURISM DEVELOPMENT CORPORATION; I T D C [LAWS(DLH)-2008-7-456] [REFERRED]
DR.PREETI BHATT VS. CENTRAL BANK OF INDIA [LAWS(BOM)-2017-7-85] [REFERRED TO]
ANANNYA CHOWDHURY VS. RANJIT KR BOSE [LAWS(CAL)-2010-4-51] [REFERRED TO]
PLANTERS FORUM VS. STATE OF KERALA [LAWS(KER)-2014-11-264] [REFERRED TO]
Widia (India) Limited and others VS. The State of Karnataka and others [LAWS(KAR)-2003-8-97] [REFERRED TO]
BANATWALA AND COMPANY VS. LIC OF INDIA [LAWS(SC)-2011-9-61] [REFERRED TO]
YOGENDRA KUMAR JAISWAL AND ORS. VS. STATE OF BIHAR AND ORS. [LAWS(SC)-2015-12-75] [REFERRED TO]
SHALAN W/O NARAYAN DAPPAL VS. SONUBAI [LAWS(BOM)-2009-1-236] [REFERRED]
VIVEK SRIVASTAVA VS. UNION OF INDIA [LAWS(ALL)-2005-4-39] [REFERRED TO]
SH. R. LALTHANZUAVA AND 87 OTHERS VS. UNION OF INDIA AND 6 OTHERS [LAWS(GAU)-2017-11-67] [REFERRED TO]
K.ANANTHA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2013-9-26] [REFERRED TO]
DATLA VENKATA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-11-85] [REFERRED TO]
AVINASH KUMAR VS. R.K. MATHUR [LAWS(HPH)-2014-8-42] [REFERRED TO]
DR.RATTAN SINGH VS. SHRI A.D.N. VAJPAYEE & OTHERS [LAWS(HPH)-2016-7-51] [REFERRED TO]
KALIVARATHAN VS. COMMISSIONER [LAWS(MAD)-2013-4-290] [REFERRED TO]
DIBYADARSHI BISWAL VS. STATE OF ORISSA [LAWS(ORI)-2010-9-12] [REFERRED TO]
BAND BOX PVT LTD VS. UNION OF INDIA [LAWS(DLH)-2008-5-373] [REFERRED TO]
PRADEEP BABUBHAI CHINAL VS. SINDHU RESETTLEMENT CORPORATION LTD [LAWS(BOM)-2009-1-106] [REFERRED TO]
CENTRAL WAREHOUSING CORPORATION VS. FORTPOINT AUTOMOTIVE PVT LTD [LAWS(BOM)-2009-12-21] [REFERRED TO]
STATE OF ASSAM VS. CHHOTABHAI JETHABHAI PATEL TOBACCO PRODUCTS CO LTD [LAWS(GAU)-2007-8-33] [REFERRED TO]
WEST BENGAL STATE CO OPERATIVE BANK LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-10-96] [REFERRED TO]
GODREJ & BOYCE MANUFACTURING CO. LTD. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-2-33] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. NIRMA CHEMICALS WORKS P LTD [LAWS(GJH)-2008-2-11] [REFERRED TO]
BAND BOX PRIVATE LIMITED VS. ESTATE OFFICER, PUNJAB AND SIND BANK AND ANR. [LAWS(SC)-2014-2-117] [REFERRED TO]
B K PAVITRA AND ORS VS. UNION OF INDIA AND ORS [LAWS(SC)-2019-5-66] [REFERRED TO]
ABANI MOHAN DAS VS. STATE OF TRIPURA [LAWS(GAU)-2011-11-7] [REFERRED TO]
First Flight Couriers Limited-89, A.M. Plaza, 1st and 2nd Floor, Airport Road, Bangalore 360 017. rep. by its Deputy General Manager Sri Diwakar S. and Sri V.U. Khan S/o Sri. B.U. Khan VS. Smt. K. Padmavathi [LAWS(KAR)-2011-12-205] [REFERRED TO]
RATTAN SINGH VS. A D N VAJPAYEE & OTHERS [LAWS(HPH)-2016-7-361] [REFERRED TO]
DAMYANTI JAIRATH VS. VINEET CHAUDHARY AND ANOTHER [LAWS(HPH)-2017-1-27] [REFERRED TO]
JARAM SINGH VS. ANIL KUMAR KHACHI [LAWS(HPH)-2019-10-22] [REFERRED TO]
SURESH KUMAR JUNEJA VS. STATE OF HARYANA [LAWS(P&H)-2010-12-115] [REFERRED TO]
POPULAR PLASTIC & OTHERS VS. STATE OF MADHYA PRADESH & OTHERS [LAWS(MPH)-2018-9-8] [REFERRED TO]
SARBANANDA SONOWAL VS. UNION OF INDIA [LAWS(SC)-2006-12-16] [REFERRED TO]
WIDIA INDIA LIMITED VS. STATE OF KARNATAKA [LAWS(SC)-2003-8-25] [REFERRED]
RAJIV SARIN VS. STATE OF UTTARAKHAND [LAWS(SC)-2011-8-78] [REFERRED TO]
KRISHI UPAJ MANDI SAMITI VS. SHIV SHAKTI KHANSARI UDYOG [LAWS(SC)-2012-8-53] [REFERRED TO]
CARITAS INDIA VS. UNION OF INDIA [LAWS(MAD)-2019-7-21] [REFERRED TO]
G JAYALAKSHMI VS. UNION BANK OF INDIA [LAWS(KER)-2005-12-46] [REFERRED TO]
SHALAN NARAYAN DAPPAL VS. BOARD OF TRUSTEES OF THE PORT OF BOMBAY [LAWS(BOM)-2009-1-61] [REFERRED TO]
URMI DEEPAK KADIA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-8-34] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. BANATWALA AND COMPANY [LAWS(BOM)-2009-9-42] [REFERRED TO]
NATIONAL SEEDS ASSOCIATION OF INDIA VS. STATE OF GUJARAT [LAWS(GJH)-2011-4-199] [REFERRED TO]
AMBALAL OKARLAL PATEL VS. FILOMAN PATHUBHAI PATEL [LAWS(GJH)-2003-3-14] [REFERRED TO]
SAMASTA GUJARAT RAJYA MOCHI SAMAJ VS. UNION OF INDIA [LAWS(GJH)-2004-2-51] [REFERRED TO]
KAIKHOSROU (CHICK) KAVASJI FRAMJI AND ANOTHER VS. UNION OF INDIA AND ANOTHER [LAWS(SC)-2019-3-108] [REFERRED TO]
G. MOHAN RAO VS. STATE OF TAMIL NADU [LAWS(SC)-2021-6-17] [REFERRED TO]
MINOR S ASWIN KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-4-389] [REFERRED TO]
GOVERNMENT OF TAMILNADU VS. K SEVANTHINATHA PANDARASANNATHI [LAWS(MAD)-2009-3-153] [REFERRED TO]
R. BALAKRISHNAN AND ORS. VS. THE JOINT SECRETARY, GOVERNMENT OF INDIA AND ORS. [LAWS(MAD)-2015-9-90] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ROSHAN K IRANI [LAWS(BOM)-2006-3-211] [REFERRED TO]
CRAWFORD BAYLEY AND COMPANY VS. UNION BANK OF INDIA [LAWS(BOM)-2003-4-91] [REFERRED TO]
NIRMAL UTTHASINI AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-10-57] [REFERRED TO]
INDIAN OIL CORPN LTD VS. STATE OF U P [LAWS(ALL)-2004-1-122] [REFERRED TO]
ITC LIMITED VS. STATE OF ASSAM [LAWS(GAU)-2006-11-33] [REFERRED TO]
SOM KIRTI ALIAS SOM K. NATH VS. STATE OF H.P. [LAWS(HPH)-2013-10-4] [REFERRED TO]
TAPAS KUMAR DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2014-5-52] [REFERRED]
JAYALAKSHMI VS. UNION OF INDIA [LAWS(KER)-2005-12-56] [REFERRED TO]
ASSAM ROLLER FLOUR MILLS ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-2008-9-35] [REFERRED TO]
MRS. RANI SEVAKRAM VS. THE ORIENTAL INSURANCE CO. LTD. [LAWS(BOM)-2017-2-202] [REFERRED TO]
J KULLAYAPPA VS. ARTILLERY CENTER [LAWS(APH)-2004-12-66] [REFERRED TO]
VINOD KRISHNA KAUL VS. LT GOVERNOR N C T OF DELHI [LAWS(DLH)-2012-8-227] [REFERRED TO]
K T PLANTATION PVT LTD VS. STATE OF KARNATAKA [LAWS(SC)-2011-8-39] [REFERRED TO]


JUDGEMENT

- (1.)CA Nos. 2555, 1320, 1351, 2192, 2218, 2622-2623, 3047 and 3053 of 1991:
Short but important question involved in these matters is - whether the "assent" given by the President under Article 254(2) of the Constitution of India with regard to the repugnancy of the State legislation and the earlier law made by the Parliament or the existing law could only be qua the "assent" sought by the State with regard to repugnancy of the laws mentioned in the submission made to the President for his consideration before grant of assent Or would it prevail qua other laws for which no assent was sought

(2.)The contention is, once the President grants the 'assent' to the State legislation, the State law would prevail on the said subject and such 'assent' would be deemed to be an assent qua all earlier enactments made by the Parliament on the subject.
(3.)This contention is negatived for the reasons recorded hereinafter. It is held that 'consideration' by the President and his 'assent' under Article 254(2) is limited to the proposal made by the State Government; the State legislation would prevail only qua the laws for which repugnancy was pointed out and the 'assent' of the President was sought for. Proposal by the State is sine qua non for 'consideration' and 'assent'.


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