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Roop Chand vs State Of Punjab on 10 October, 1962

On this point reliance is placed on the decision in Roop Chand v. State of Punjab, AIR 1963 SC 1503. The matter dealt with in that case was the delegation of the powers of the Government both under S. 21(4) and S. 42 of the East Punjab Holdings(Consolidation and Prevention of Fragmentation) Act and the question was whether when an officer delegated with the powers of the Government under S. 21(4) has passed an order any further order dealing with the same matter could be passed under S. 42 by the officer delegated with the powers of the Government under that section. It was held that his could not be done the ration decided being ht at where the State Government has under S. 41(1) of the Act delegated its powers given under S. 21(4) to hear appeals to an officer an order passed by such officer is an order passed by the State Government itself and not an 'order passed by any officer under this Act' within the meaning of S. 42. This appears to answer the argument of the learned counsel for the petitioner and I do not consider Thai either of the petitioner and I do not consider that either of the notices is invalid on the ground that it was issued by the Excise and Taxation Commissioner.
Supreme Court of India Cites 29 - Cited by 174 - A K Sarkar - Full Document
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