with a central
legislation, that has fully occupied that field.
21.1. This Doctrine of "occupied field" has been invoked by Hon‟ble
Supreme ... that these rules occupy the whole field of
executive discretion, and, therefore, by the
doctrine of occupied field there is no scope
left for exercise
with a central
legislation, that has fully occupied that field.
21.1. This Doctrine of "occupied field" has been invoked by Hon‟ble
Supreme ... that these rules occupy the whole field of
executive discretion, and, therefore, by the
doctrine of occupied field there is no scope
left for exercise
down as intruding in forbidden field."
Again, -
"In fact as stated earlier the entire theory of occupied field or
State legislation being repugnant ... List II, question of occupied field did not arise. It follows from the above that the Doctrine of occupied field is to be considered only
substantially on industrial alcohol so as to transgress on a
field occupied by Parliament. [83A-C]
3.07. The matters concerning intoxicating liquors are
included within ... also for repugnancy arising from a clash with the centrally
occupied field failing under Entry 33 of List III. [85E,
85H-86D]
3.08. The power
List 1, Entry 52, 97,
List II Entry 30
Doctrine of occupied field--State making a law on a
different topic but covering in part ... competent to
enact the impugned Act.
(4) The doctrine of occupied field has no
application.
(5) The Gold Control Act and the impugned
Act deal
excise duty on
alcoholic requirements for human consumption.
Doctrine of 'occupied field'-Application of-lncidental
encroachment on forbidden field-Whether affects competence ... containing alcohol in as much as the matter relates to an
occupied field. There is no merit in these contentions.
The enactment of the Medicinal
establishments, which ramped into public disorder.
6.9. Meeting the point of occupied field, the learned Advocate General contends that the State Government never intended ... CONSTITUTION OF INDIA
(b) THE CONCEPT OF OCCUPIED FIELD
(c) LIBERAL AND HARMONIOUS CONSTRUCTION
(d) APPLICATION OF THE DOCTRINE OF PITH AND SUBSTANCE, THE DOCTRINE
Singh canvassed by invoking the 'doctrine of occupied field' that the impugned selection of Sub-Inspectors for promotion to the rank of Circle ... shall not be invoked. This is what the "doctrine of occupied field" implies.
13. In Shri A. B. Krishna and others v. State
Narendra Kantilal Shah vs Joint Registrar, Co-Operative ... on 12 December, 2003
Equivalent citations: AIR2004BOM166
object and text of Rule 88A is the occupied field by
the Central Government under Section 59 of the Act. Since the subject is
occupied ... State Government has overridden its jurisdiction and
encroached upon the occupied field of the Central Government. In this
connection he has referred to the decision