STATE OF WEST BENGAL Vs. TARUN KUMAR SENGUPTA
LAWS(CAL)-1972-7-9
HIGH COURT OF CALCUTTA
Decided on
July 29,1972
STATE OF WEST BENGAL
Appellant
VERSUS
TARUN KUMAR SENGUPTA
Respondents
Referred Judgements :-
RUSSELL V. THE QUEEN [REFERRED TO]A. G. ONTARIO V. A. G. FOR THE DOMINION [REFERRED TO]
SUBRAHMANYAN V. MUTTUSWAMI [REFERRED TO]
STATE OF RAJASTHAN V. G. CHAWLA [REFERRED TO]
IN THE MATTER OF HINDU WOMEN'S RIGHT TO PROPERTY ACT [REFERRED TO]
CORPORATION OF GLASGOW V. GLASGOW TRAMWAY ETC. CO. [REFERRED TO]
VENKATA RAO V. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF WEST BENGAL VS. SERAJUDDIN BATLEY:THE UNION OF INDIA [REFERRED TO]
A S KRISHNA VS. STATE OF MADRAS [REFERRED TO]
LILA VATI BAI VS. STATE OF BOMBAY [REFERRED TO]
R M D CHAMARBAUGWALLA MIS SHARMA MAGAZINE A FIRM HIND SHABDA RACHANA HARIFAI SHRI CHAMAN LAL KHANNA BANNETT COLEMAN AND COMPANY LIMITED VS. UNION OF INDIA [REFERRED TO]
BALAJI VS. INCOME TAX OFFICER SPECIAL INVESTIGATION CIRCLE AKOLA [REFERRED TO]
CALCUTTA GAS COMPANY PROPRIETARY LIMITED VS. STATE OF WEST BENGAL [REFERRED TO]
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS. MOHAN LAL [REFERRED TO]
CHECK POST OFFICER VS. K P ABDULLA AND BROS [REFERRED TO]
PROPRIETARY ARTICLES TRADE ASSOCIATION VS. ATTORNEY GENERAL OF CANADA [REFERRED TO]
ATTORNEY GENERAL OF BRITISH COLUMBIA VS. ATTORNEY GENERAL OF CANADA [REFERRED TO]
GOVERNOR GENERAL IN COUNCIL VS. PROVINCE OF MADRAS [REFERRED TO]
JUDGEMENT
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(1.)THESE are two appeals, one by the State of West bengal and the other by the Union of india. The appeals are against the judgment and order of Mr. Justice sabyasachi Mukherji dated the 16th april, 1972.
(2.)THE learned Judge held that the central Reserve Police Force Act, 1949, was ultra vires the Government of India act, 1935, and as much was not law in force within the meaning of Article 372 of the Constitution. He, therefore, directed the two appellants the Governments or rather the Union of India and the State of West Bengal to forbear from giving effect to the Central reserve Police Force Act, 1949, in West bengal and further directed them not to enforce the said Act in the State. He issued a writ in the nature of mandamus accordingly and made the Rule absolute. It is against this judgment that the appeals have been filed. Although there are two separate appeals, they are from the same judgment and order. I, therefore, propose to deal with the questions in the appeals in one judgment.
(3.)THE learned Judge also found a point in favour of the respondent No. 1 in these appeals and that is whether he has any locus standi to maintain this application. He held that he had the locus standi. No question, however, has been raised in these two appeals by the state of West Bengal and the Union of india regarding the question of locus standi. The appellants want a decision on the merits of the application and on the main point whether the Central reserve Police Force Act, 1949, was ultra vires the Government of India Act, 1935, and was not the law in force with-in the meaning of Article 372 of the constitution. I, therefore, will not deal with the point of locus standi in these appeals.
(2.)THE learned Judge held that the central Reserve Police Force Act, 1949, was ultra vires the Government of India act, 1935, and as much was not law in force within the meaning of Article 372 of the Constitution. He, therefore, directed the two appellants the Governments or rather the Union of India and the State of West Bengal to forbear from giving effect to the Central reserve Police Force Act, 1949, in West bengal and further directed them not to enforce the said Act in the State. He issued a writ in the nature of mandamus accordingly and made the Rule absolute. It is against this judgment that the appeals have been filed. Although there are two separate appeals, they are from the same judgment and order. I, therefore, propose to deal with the questions in the appeals in one judgment.
(3.)THE learned Judge also found a point in favour of the respondent No. 1 in these appeals and that is whether he has any locus standi to maintain this application. He held that he had the locus standi. No question, however, has been raised in these two appeals by the state of West Bengal and the Union of india regarding the question of locus standi. The appellants want a decision on the merits of the application and on the main point whether the Central reserve Police Force Act, 1949, was ultra vires the Government of India Act, 1935, and was not the law in force with-in the meaning of Article 372 of the constitution. I, therefore, will not deal with the point of locus standi in these appeals.
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