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1996 Supreme(Cal) 159

ARUN KUMAR DUTTA
CESC LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


ARUN KUMAR DUTTA, J.


( 1 ) BY this Writ Application under Article 226 of the Constitution of India the Writ Petitioners, C. E. S. C. Limited and another (hereinafter referred to as petitioners), have prayed the Court for an order"that Sections 5, 6 and 14 of the West Bengal. Taxation Tribunal Act, 1987 in so far as it takes away the jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India and confers jurisdiction upon the said Tribunal to decide the constitutional points are violative of basic structure of the Constitution of India and void to the said- extent"and issue of a writ in the nature of Mandamus commanding the respondent to act in accordance with law and to cancel and/or rescind and/or withdraw the judgment and order dated 22nd March, 1995 passed by the respondent No. 6 in cases Nos. R. N. 481 (T) of 1989 and 241 (T) of 1992, the Memo No. 4130 dated 26th September, 1995 and Memo No. 4285 dated 19th October, 1995 both issued by the respondent No. 2 and the memo No. 22967 CT dated 9th December, 1995 written by the respondent No. 5 and the verbal threat made by the respondent No. 2 as contained in paragraph 24 of the petition and all proceedings ther


















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