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Justice K.P. Mohapatra vs Sri Ram Chandra Nayak And Others on 9 October, 2002

In the light of the clear distinction in Section 3(2)(a) and (b) of the Karnataka Act and the Orissa Act, it was held that the judgment of this Court in K.P. Mohapatra (supra) was inapplicable while construing the provisions of the Karnataka Act, since, the language employed are not pari materia. It will be appropriate to state that the provisions of the Gujarat Act and the Orissa Act are identical in so far as it related to the consultation process is concerned and, therefore, it was categorically held that the role of the Chief Justice was primary by virtue of the specific provision contained in the Act. In the light of specific provision contained in Section 3(2)(a) and (b) of the Karnataka Act in the later judgment, it was held as under in paragraph 62:
Supreme Court of India Cites 9 - Cited by 17 - Full Document
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