SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(SC) 1213

MARKANDEY KATJU, GYAN SUDHA MISRA
Sonal Hemant Joshi – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ravindra Keshavrao Adsure, Advocate for Dr. Kailash Chand, Advocate.
For the Respondent:Mr. Sanjay Kharde, Advocate, Ms. Asha Gopalan Nair, Advocate, Mr. Gaurav Agrawal, Advocate, Mr. T.R. Andhyarujina, Sr. Advocate, Mr. Ramini Taneja, Advocate, Mr. Ashish Gupta, Advocate, Mr. Anil Shrivastav, Advocate.

ORDER :

1. Heard learned counsel for the appearing parties. This Appeal has been filed against the impugned judgment dated 05.09.2005 passed by the High Court of Judicature at Bombay in Uday Mohanlal Acharya v. State of Maharashtra, WP (Cri) No. 903 of 2000. D/d. 5.9.2005 by which the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (for short 'the Act') was held unconstitutional.

2. In view of the judgment of this Court in K.K. Baskaran v. State (2011) 3 SCC 793, we are of the opinion that the impugned judgment of the High Court is not correct and it is hereby set aside. Hence, we uphold the Act as constitutionally valid.

3. We are not going into other questions because in this Appeal we are only concerned with the question of constitutional validity of the Act.

4. It appears that an interim order was passed by this Court on 11.05.2010 Sonal Hemant Joshi v. State of Maharashtra, (2012) 10 SCC 600 permitting the Competent Authority to dispose of certain properties. We modify that order by directing that the said Order will not apply to the properties which the applicant in the application for permission to intervene, that is, Bochasanwasi Shri Ak

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top