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Report No. 60

6.26. Supreme Court's view.-

But the Supreme Court has now held1 that the word "instrument" (in section 8) includes the President's order under Article 359(1) of the Constitution. The Supreme Court, while so holding, noted that the word "instrument" is sometimes taken as meaning a formal document creating a right or liability inter partes. The Supreme Court added:

"But in the context of the General Clauses Act, it has to be understood as including reference to a formal legal writing like an order made under a statute or subordinate legislation or any document of a formal character made under constitutional or statutory authority. We have no doubt in our mind that the expression 'instrument" in section 8 was meant to include reference to the Order made by the President in exercise of his constitutional powers."

1. Mohan Chowdhury v. Chief Commissioner, Union Territory of Tripura, AIR 1964 SC 173 (178, 179), para. 11.

General Clauses Act, 1897 Back

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