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kiran 11111 (Executive)     04 July 2011

Art 141

Supreme court declares law on any unoccupied field. The said law is binding on all the courts/authorities within the territory of the India.But if legislation is passed on the same subjects , can said ruling which is law inits self has the binding force?

SC  in   1994 in Madhuri Patil VS Commissioner Thane has ruled that , Competatnt Authority to issue caste certificate in the State of Maharashtra should be Dy Collector . However in the year 2005 , Maharshtra GOvernment has passed the legislation regulating issuance of caste certificate.The said act authorises state government to appoint officer to issue caste certificate . Act gives discretion to the state government to appoint Officer as a Competant authority.

My query is that  can state government appoint other officer to as Competant authority?



Learning

 1 Replies

N.K.Assumi (Advocate)     04 July 2011

As long as the matter is wihin the competency of the State to Legslate the State act will prevail. Judges are like Lions but let them be Lions like the Lions under Solomon's throne.


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