Satya Dev Bushahri VS. Padam Dev And Others.

Case Law No.152, Reporting JudgeAiyyar

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Summary

Held, (modifying the view of law taken in Civil Appeal No. 52 of 1954) that in view of section 3(8) of the General Clauses Act, 1897, a contract with the Chief Commissioner in a Part C State (in this case Himachal Pradesh Chief Commissioner) is a contract with the Central Government and that would be a disqualification for election to the Legislative Assembly of the State under section 17 of Act XLIX of 1951, read with section 7(d) of Act XLIII of 1951.

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Extract

Satya Dev Bushahri VS. Padam Dev And Others.

PETITIONER: SATYA DEV BUSHAHRI Vs.

RESPONDENT: PADAM DEV AND OTHERS.

DATE OF JUDGMENT: 18/10/1954

BENCH: AIYYAR, T.L. VENKATARAMA

MUKHERJEA, B.K.

BOSE, VIVIAN

CITATION: 1955 AIR 5 1955 SCR (1) 561

CITATOR INFO : F 1956 SC 315 (2)

F 1956 SC 335 (1)

ACT: Representation of the People Act (XLIII of 1961), ss. 7(8) and 9--General Clauses Act (X of 1897), s. 3(8)-Government of Part C States Act (XLIX of 1951), s. 17-Government contract with the Part C State Government whether contract with the Central Government--And thus a disqualification for election to Legislative Assembly of State under s. 17 of Act XLIX of 1951 read with s. 7(d) of Act XLIII of 1951.

JUDGMENT: CIVIL APPEAL ...

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