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TMI Blog1978 (10) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... ion the first notification of intention issued by the erstwhile State Government could be deemed to be a notification issued by the new Government. The argument thus presented by Mr. Anand must be rejected. - C.A. No. 364 of 1969, C.W. No. 2199 of 1968 - - - Dated:- 23-10-1978 - CHANDRACHUD Y.V., UNTWALIA N.L. AND SHINGHAL P.N. JJ. S.N. Anand and R.N. Sachthey, Advocates, for the appellant. Arvind Minocha, Advocate, for the respondent. -------------------------------------------------- The judgment of the Court was delivered by UNTWALIA, L -The Chief Commissioner, Union Territory, Chandigarh, has preferred this appeal by certificate from the decision of the High Court of Punjab and Haryana allowing the writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Government as required by section 6 of the Act, the Union Territory of Chandigarh came into existence on November 1, 1966. The Government of the Union Territory issued a notification dated January 4, 1968, amending item 30 as intended to be amended by the notification dated August 24, 1966, issued by the State Government of the composite State of Punjab. The respondent filed a writ petition in the High Court challenging this notification as being invalid on the ground that the earlier notification could not be availed of by the new Government for amending Schedule B. The stand taken on behalf of the appellant was that the earlier notification was a "law in force" within the meaning of section 88 of Central Act 31 of 1966. The High Court r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment of the High Court by taking a new stand in this Court that the notification dated August 24, 1966, could enure to the benefit of and be availed by the Union Territory Government. But he failed to point out any provision in Act 31 of 1966 or any other law to substantiate this argument. No "deeming" provision could be brought to our notice, as there is none, to show that the notification issued by the erstwhile State Government of Punjab could be deemed to be one issued by the new Government of the Union Territory. For many other purposes there are "deeming" provisions in Central Act 31 of 1966, e.g., sections 59(1), 74(1) and 92. But no provision is to be found to show that by a legal fiction the first notification of intention issued ..... X X X X Extracts X X X X X X X X Extracts X X X X
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