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1968 Supreme(SC) 329

A.N.GROVER, J.C.SHAH, V.RAMASWAMI
High Court Of Calcutta – Appellant
Versus
P. C. Sen – Respondent


Advocates:
B.SEN, G.S.CHATTERJEE, P.K.CHAKRAVARTI, P.K.CHATTERJI, S.V.Gupta

J.C.SHAH, J.

(1) THIS appeal is filed with special leave against the order of the High court of Calcutta declaring that a speech broadcast on the night of November 25, 1965, on the Calcutta Station of the All India Radio by Mr. P. C. Sen, then Chief Minister of West Bengal, was calculated to obstruct the course of justice and on that account amounted to contempt of court and the conduct of Mr. Sen merited disapproval.

(2) ON 23/08/1965, the State of West Bengal issued, in exercise of power under sub-rr. (2) and (3) of Rule 125 of the Defence of India Rules, the West Bengal Chhana Sweets Control Order, 1965, placing restrictions upon the right of persons carrying on business in milk products and especially dealers in sweetmeats made out of Channa. In a petition moved by Nani Gopal Paul the High court of Calcutta declared by order dated 16/11/1965, that the West Bengal Channa Sweets Control Order, 1965, is an "unreasonable piece of delegated legislation made in arbitrary exercise of power under Rule 125 without any justification in law and regardless of the purpose for which such order may be made", and issued an injunction against the State of West Bengal

















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