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2024 Supreme(Online)(SC) 12361

SUPREME COURT OF INDIA
THE STATE OF WEST BENGAL – Appellant
Versus
UNION OF INDIA – Respondent


JUDGEMENT

B.R. GAVAI, J. I. INTRODUCTION:

1. The present suit has been filed by the State of West Bengal against Union of India seeking the following reliefs:

    i. “Pass a Judgment and Decree declaring that registration of cases by the Defendant after withdrawal of Notification under Section 6 of the DSPE Act by the Plaintiff is unconstitutional and non-est;
    ii. Pass Judgment and Decree thereby restraining and forbearing the Defendant from registering any case and/or investigating a case in connection with offences committed within the territory of State of West Bengal after withdrawal of the consent under Section 6 of the DSPE Act by the State;
    iii. Pass a Judgment and Decree declaring that the action of the Defendant in registering cases by the Defendant after withdrawal of Notification under Section 6 of the DSPE Act by the Plaintiff is violative of Constitution of India as well as violative of the basic structure of the Constitution and the principle of federalism;
    iv. Pass a Judgment and Decree thereby quashing all cases registered by the Defendant after withdrawal of Notification under Section 6 of the DSPE Act by the Plaintiff and transmit those records to the Plaintiff for registra

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