SAMARENDRA KUMAR DAS Vs. KHALILUR RAHAMAN
LAWS(CAL)-1970-5-12
HIGH COURT OF CALCUTTA
Decided on May 04,1970

SAMARENDRA KUMAR DAS Appellant
VERSUS
KHALILUR RAHAMAN Respondents

JUDGEMENT

P.B.Mukharji, J. - (1.) These are six applications made under Article 228 of the Constitution. They raise the question of the vires of Section 13 of the West Bengal Premises Tenancy Act, 1956 as amended by Section 4 of the West Bengal Premises Tenancy (Second Amendment) Act, (Act XXXIV of 1969).
(2.) The two points raised in these applications relate to substantial questions of law as to the interpretation of the Constitution viz., (1) Section 13 of the West Bengal Premises Tenancy (Second Amendment) Act, (Ad XXXIV of 1969) is discriminatory and as such ultra vires Article 14 of the Constitution and (2) that Section 13 of the said Amending Act imposes unreasonable restrictions upon the petitioners' fundamental rights to acquire, hold and. dispose of property guaranteed by Article 19 (1) (g) of the Constitution, and as such void under Article 13 (2) of the Constitution. These two points are undoubtedly substantial questions of flaw as to the interpretation of the Constitution.
(3.) Article 228 of the Constitution reads as follows: If the High Court is satisfied that a case pending in a Court subordinate to it involves a substantial question of law as to the Interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may - (a) either dispose of the case itself, or (b) determine the said question of law and return the case to the Court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said Court shall on receipt thereof proceed to dispose of the case in conformity with such judgment." ;


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