Case Number
HCJ 10/48
Date Decided
12-2-1948
Decision Type
Original
Document Type
Full Opinion
Abstract
The Acting District Commissioner of Tel Aviv purporting to act as the Competent Authority under Mandatory regulations requisitioned an apartment in Tel Aviv for the use of a government official His action was challenged on the grounds, first, that the Mandatory regulations in question had been impliedly repealed by s. 9 of the Law and Administration Oridnance of 19481) which empowered the Provisional Council to make regulations of the same kind, and secondly, that the appointment of the Acting District Commissioner as Competent Authority, being an act having legislative effect within the meaning of s.20 of the Interpretation Ordinance, 1945, was invalid as it had not been published in the Official Gazette as required by that Section.
Held: (1) that the regulation in question had not been repealed and remained in force
(2) that the appointment of the Competent Authority was not an act having legislative effect and accordingly did not require publication in the Gazette.
Keywords
Administrative Law -- Competent authority, Administrative Law -- Discretion
Recommended Citation
Smoira, Moshe; Olshan, Yitzhak; and Cheshin, Shneor Zalman, "Zeev v. Acting District Commissioner of the Urban Area of Tel Aviv" (1948). Translated Opinions. 413.
https://larc.cardozo.yu.edu/iscp-opinions/413
