B. R. GAVAI, SANDEEP MEHTA
State of West Bengal – Appellant
Versus
Union of India – Respondent
JUDGMENT :
B.R. Gavai, J.
| INDEX | |
| Sl. No. | Particulars |
| I. | INTRODUCTION |
| II. | SUBMISSIONS OF DEFENDANT |
| III. | SUBMISSIONS OF PLAINTIFF |
| IV. | LEGAL FRAMEWORK |
| a. Supreme Court Rules, 2013 | |
| b. Article 131 of the Constitution | |
| V. | JUDICIAL PRECEDENTS |
| a. State of Bihar v. Union of India | |
| b. State of Rajasthan v. Union of India | |
| VI. | CONSIDERATION |
| a. Reading of the Plaint | |
| b. Scheme of the DSPE Act | |
| c. Power of superintendence of the Central Government | |
| d. Interpretation of the term "subject to the provisions of this Constitution" | |
| e. Suppression of material fact | |
| f. Cause of action of the suit | |
| VII. | CONCLUSION |
I. INTRODUCTION:
1. The present suit has been filed by the State of West Bengal against Union of India seeking the following reliefs:
ii. Pass Judgment and Decree thereby restraining and forbearing the Defendant from registering any case and/or investigating a case in connection with offences c
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