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1983 Supreme(Cal) 250

BIMAL CHANDRA BASAK
SUGANDHA ROY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
T.K.BISWAS

BIMAL CHANDRA BASAK, J.

( 1 ) IN this application under Article 226 of the Constitulion the petitioner is challenging the validity of two agreements dt. the 16th May. 1974 and 6th/7th Oct. , 1982 entered into by and between the Government of India and the Government of Bangladesh.

( 2 ) THIS matter has been heard alone with two other matters, being C. O. 4696 -- Nirmal Sen Gupta v. Union of India and C. O. 4537 -- Subrata Chatterjee v. Union of India, where similar points have been raised.

( 3 ) CERTAIN important points of law, including Constitutional and Public International Law. arising out of certain Treaties and Agreements entered into by and between India and Pakistan and thereafter India and Bangladesh are raised in this case. In the facts of this case it is necessary to give the background of this case with some details. These are admitted facts and these facts would also appear from various judg- ments of the Supreme Court.

( 4 ) THE Indian Independence Act. 1947 (hereinafter referred to as the 1947 Act) was passed by the British Parliament. This Act was to come into force from August 15. 1947 which was the appoint-ed day. As from the appointed day two independent Domi















































































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