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1992 Supreme(Cal) 45

Anandamoy Bhattacharya, Ajoy Nath Ray
Sukumar Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
S.S. Ray, Dipankar Gupta, Gautam Mitra, V.N. Dwivedi, Mrs. Bharati Mutsuddi, Shyamal Sarkar, Dipankar Bose for appellant
Sommath Chatterjee, Dipankar Ghosh, Samarjit Gupta, Sitesh Sinha for respondent in F.M.A.T. No. 2208 of 1991.
K.K. Maitra, Nigam Chakraborty, Sanjib Misra, Miss Pushpita Saha for appellant
Dipankar Ghosh, Samarjit Gupta, Sitesh Sinha for respondent in F.M.A.T. No. 2527 of 1991.
Nigam Chakraborty, Sanjib Misra for the appellant, Dipankar Ghosh, Samarjit Gupta, Sitesh Sinha for respondent in F.M,AT. No 2288 of 1991
S. Pal, Gautam Mitra, V.N. Dwivedi for the appellant, Dipankar Ghosh, Samarjit Gupta and Sitesh Sinha for respondent in F.M.A.T. No. 2727 of 1991.
S Pal, Gautam Mitra, V.N. Dwivedi for the appellant.
Dipankar Ghosh, Samarjit Gupta, Sitesh Sinha in F.MAT No. 2728 of 1991.

JUDGMENT

A.M. Bhattacharjee, J. We are agreed that all the appeals, and all the writ petitions giving rise to them, must be dismissed, the cross-objections must be allowed and as a result the operating portions of the judgement appealed against must be confirmed with some variations now indicated in Judgement of my learned brother Ray, J. appearing hereafter.

2. My learned brother, with his usual alacrity offered to prepare the Judgement of the Court and handed over the draft, which, on my thorough and repeated scrutiny, appears to be an admirable piece of skill, industry and learning. Though, and this I say with respect, I do not agree with his enunciation of law on some matters, I have wholeheartedly agreed with the Order proposed by him and that is good enough for not coming out with a separate Judgement. The manner in which he has stated the law on some aspects of Article 14 has not, but the result of the application of law to the matters at hand has, earned my full concurrence.

3. For example, as to the approach of the Court to Legislation, Ray, J., has ruled for a rather favourable approach rewards primary legislations and a stricter approach to secondary ones. I would like to t





































































































































































































































































































































































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