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Mannalal Jain vs The State Of Assam And Others on 29 September, 1961

4. The learned Senior counsel for the petitioner, in order to add strength to his contentions, relied on the decision of the Constitutional Bench of the Honourable Supreme Court in (Mannalal Jain vs. State of Assam and others) AIR 1962 Supreme Court 386 to drive home the point that executive instructions, even if it is considered necessary to be issued with respect to a particular matter, cannot override the statutory provisions of law. For the same proposition, he also relied on the decision of the Full Bench of the Supreme Court of India in (Union of India and another vbs. Charanjit S. Gill and others) (2000) 5 Supreme Court Cases 742 wherein it was held that administrative instructions issued or the notes attached to the Rules, which are not referable to any statutory authority cannot be permitted to bring about a result which may take away the rights vested in a person governed by the Act.
Supreme Court of India Cites 15 - Cited by 55 - S K Das - Full Document
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