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1988 Supreme(Cal) 342

A.K.SENGUPTA
Indo Coal Co. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared
Mr. Pronab Paul for the petitioners
Mr. Basdeo Prosad (Standing Counsel, Bihar) and Ramchandra Prosad for the Respondents

JUDGMENT

1. In this application the petitioners have challenged the provisions of Criminal Law Amendment Ordinance, 1944 (shortly) stated hereinafter to be the Ordinance of 1944) as ultra vires the Constitution and void being violative of Articles 14 and 19(1)(f) prior to its repeal and Article 19(1)(g) of the Constitution of India, The petitioner also have challenged the orders dated 21st January, 1984, 18th April, 1984 and 23rd July, 1984 all passed by the District Judge, 24 Parganas at Alipore in O.S. No. 67 of 1982 on the application made by the Inspector General of Police, Cabinet (Vigilance) Department, Govt. of Bihar on behalf of the State of Bihar for attachment of Fixed Deposits of Rs. 1.11 Crores lying in different Banks in Calcutta as also for attachment of premises No.7, Queens Park, Calcutta.

2. This case has a chequered history. In order to appreciate the contentions urged, it is necessary to relate the historical events, which according to the writ petitioners have compelled them to file the present writ petition.

3. The first petitioner is a public limited company incorporated under the Indian Companies Act, 1913 which prior to 1973 owned leasehold interest in coal l















































































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