Doctrine of Occupied Field

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..... o the Parliamentary/ Central Legislation. Both cannot stand together. 62. Doctrine of Occupied Field has been explained in a Constitution Bench Decision of the Fatehchand Himmatlal Others Versus State Of Maharashtra Etc. - 1977 (1) TMI 162 - Supreme Court in the following words: 62. In the Canadian Constitution, the question of conflict and coincidence in the domain in which provincial and Dominio .....

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..... ion Legislation and Provincial Legislation within an area common to both. Where both can coexist peacefully, both reap their respective harvests (Please see: Canadian Constitutional Law by Laskin pp. 52 54, 1951 Edn). 63. We may sum up the legal position to the extent necessary for our case. Where Parliament has made a law under Entry 52 of List I and in the course of it framed incidental provisio .....

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