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CLAT LLM 2011 Question Paper with answer key for online practice

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Question : 9

Total: 100

In Hoechst pharmaceuticals ltd. v. state of Bihar, the state made a law under entry 54, list II and center made a law under entry 33 of list III. The laws overlap. Will repugnancy arise in such a case?

The question of repugnancy under art. 254(1) between a law made by parliament and law made by the state legislature arises only in case both the legislations occupy the same field with respect to one of the matters enumerated in the concurrent list
There has to be a direct conflict between the two laws
Both (a) and (b) have to be satisfied
If the laws overlap repugnancy will invariably arise

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