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

1978 Supreme(Cal) 37

SANKAR PRASAD MITRA, S.C.GHOSH, SABYASACHI MUKHARJEE, S.K.DATTA, A.K.JANAH
PUSHRAJ PURANMULL – Appellant
Versus
N. ROY AND ORS. – Respondent


Advocates Appeared:
A.K.SEN, B.K.CHATTERJI, Bhaskar Gupta, J.PUGALIA, R.C.DE, R.DEB, R.N.BAJORIA, S.K.Bajoria, S.K.MALLICK, Standing Counsel, T.K.BISWAS

SANKAR PRASAD MITRA, C. J.

( 1 ) IN this application under Article 226 of the Constitution the validity of the West Bengal Relief Undertakings (Special Provisions) Act, 1972 has been challenged. The petitioner asks for a declaration that the Act is beyond the legislative competence of the State of West Bengal and is void. The petitioner has also prayed for issue of a writ in the nature of mandamus or appropriate direction for recall, cancellation and withdrawal of Notifications Nos. 1272--CSI and 1277-CSI both dated the 24th March, 1977 issued by the Deputy Secretary to the Government of West Bengal, Department of Closed and Sick Industries. By the first Notification the State Government in the exercise of power conferred by Section 3 of the Act declared Messrs. Nafar Chandra Jute Mills Ltd. to be a relief undertaking. By the second Notification the State Government directed in the exercise of power conferred by Section 4 of the Act that the operation of all contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force relating to the relief undertaking shall remain suspended.

( 2 ) THE petitioner claims to be a creditor of the
































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