SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS WEST BENGAL Vs. CORPORATION OF CALCUTTA
LAWS(SC)-1966-12-20
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on December 07,1966

SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS,WEST BENGAL Appellant
VERSUS
CORPORATION OF CALCUTTA Respondents





Cited Judgements :-

RAJAKATRA ALIAS RAJAKATRA PRIVATE LTD VS. CORPORATION OF CALCUTTA [LAWS(CAL)-1973-2-20] [REFERRED TO]
SURENDRA SHAMSUNDAR JEWARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-10-110] [REFERRED TO]
VISHNAWATI VS. BHAGWAT VITHU CHOWDHRY [LAWS(ALL)-1969-2-8] [REFERRED TO]
SWAMI PRASAD PRADHAN VS. HARGOVIND SAHAI MATHUR [LAWS(ALL)-1969-5-9] [REFERRED TO]
STATE OF U P VS. DEPUTY LABOUR COMMISSIONER [LAWS(ALL)-2011-5-92] [REFERRED TO]
STATE OF GUJARAT VS. KANTILAL SHIVLAL [LAWS(GJH)-1970-12-2] [REFERRED]
O.P. GUPTA VS. STATE OF U.P. [LAWS(ALL)-2019-10-331] [REFERRED TO]
COMMISSIONER OF INCOME TAX-II AAYAKAR BHAWAN LUCKNOW; UPPER INDIA COUPER PAPER MILLS CO PVT LIMITED THROUGH ITS DIRECTOR VS. UPPER INDIA COUPER PAPER MILLS CO PVT LIMITED, LUCKNOW; COMMISSIONER OF INCOME TAX-II, ASHOK MARG LUCKNOW [LAWS(ALL)-2018-1-182] [REFERRED TO]
SHRI SITA RAM JAISWAL AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2016-4-232] [REFERRED]
SAMATHA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1995-4-20] [REFERRED TO]
M P STATE CO OPERATIVE OIL SEEDS GROWERS FEDERATION LIMITED VS. BANK OF BARODA [LAWS(MPH)-2002-3-50] [REFERRED TO]
STATE OF MAHARASHTRA VS. INDIAN MEDICAL ASSOCIATION [LAWS(SC)-2001-12-12] [REFERRED]
DIRECTOR OF SETTLEMENTS A P VS. M R APPARAO [LAWS(SC)-2002-3-67] [REFERRED]
PIERCE LESLIE AND CO LIMITED MISS VIOLET OUCHTERIONYONY WAPSHARE VS. VIOLET OUCHTERLONG WAPSHARE [LAWS(SC)-1968-12-22] [RELIED ON]
NIRBHAY PRASHANT VS. STATE OF BIHAR [LAWS(PAT)-2021-9-9] [REFERRED TO]
THE UNION TERRITORY OF MIZORAM AND ANOTHER VS. SHRI C. LALTHANPARA & OTHERS [LAWS(GAU)-1983-5-20] [REFERRED TO]
B R BALIGA VS. TOWN MUNICIPAL COUNCIL UDUPI [LAWS(KAR)-1995-2-59] [REFERRED TO]
PANCHAM RAM YADAV VS. U P CO-OPERATIVE FEDERATION LTD [LAWS(ALL)-2019-9-32] [REFERRED TO]
ALLAHABAD ANGLO INDIAN ASSOCIATION VS. STATE OF U.P. [LAWS(ALL)-2019-10-179] [REFERRED TO]
MADAN LAL AHUJA VS. U P STATE AND OTHERS [LAWS(ALL)-2016-5-243] [REFERRED]
M/S. RAJA KATRA VS. CORPORATION OF CALCUTTA, [LAWS(CAL)-1973-2-34] [REFERRED TO]
BAR COUNCIL OF KERALA VS. THANKAPPAN PILLAI [LAWS(KER)-1985-10-4] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. J B BOTTLING COMPANY PRIVATE LIMITED [LAWS(DLH)-1975-3-27] [REFERRED]
SURENDRA KUMAR SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2006-8-114] [REFERRED TO]
COMMITTEE OF MANAGEMENT MATHUR VAISH SHIKSHA PRACHARINI SABHA VS. STATE OF U P [LAWS(ALL)-2011-1-62] [REFERRED TO]
COMMITTEE OF MANAGEMENT MADARSA ARABIA ATAURRASOOL VS. STATE OF U P [LAWS(ALL)-2011-2-29] [REFERRED TO]
MANAGER A.A. RAINI VS. STATE OF U.P. THRU' PRIN. MIN. OF WELFARE [LAWS(ALL)-2011-2-235] [REFERRED TO]
A P BARTHWAL VS. STATE OF U P [LAWS(ALL)-1996-9-1] [REFERRED TO]
COMMERCIAL TAXES OFFICER SURVEY AND INVESTIGATION JODHPUR VS. DIVISIONAL SUPERINTENDENT NORRN RAILWAY JODHPUR [LAWS(RAJ)-1979-10-3] [REFERRED TO]
UNION OF INDIA VS. ASHOK TSHERING LAMA [LAWS(SIK)-1981-7-2] [REFERRED TO]
B R ENTERPRISES VS. STATE OF UTTAR PRADESH [LAWS(SC)-1999-5-32] [REFERRED]
SAMBHU NATH SARKAR VS. STATE OF WEST BENGAL [LAWS(SC)-1973-4-71] [RELIED ON]
CHACKO VS. JAYA VARMA [LAWS(KER)-1999-10-29] [REFERRED TO]
KULBHUSHAN KUMAR AND CO VS. STATE OF PUNJAB [LAWS(P&H)-1983-8-16] [REFERRED TO]
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY N O I D A SECTOR 6 GHAZIABAD GAUTAM BUDH NAGAR VS. STATE PUBLIC SERVICE TRIBUNAL [LAWS(ALL)-2007-5-88] [REFERERD TO]
BAR COUNCIL OF DELHI VS. BAR COUNCIL OF INDIA [LAWS(DLH)-1974-10-6] [REFERRED]
P N BALASUBRAMANIAN VS. UNION OF INDIA [LAWS(DLH)-1975-7-6] [REFERRED AT 180 AND 186.]
NAJJAM FAROQUI VS. STATE [LAWS(CAL)-1991-8-13] [REFERRED TO]
RAISAHAB CHANDANMULL INDRAKUMAR PRIVATE LTD VS. STATE OF ORISSA [LAWS(ORI)-1971-6-1] [REFERRED TO]
P.K.KRISHNASWAMY VS. STATE OF KERALA [LAWS(KER)-2020-1-216] [REFERRED TO]
NALLANNA GOUNDER VS. MUTHUSWAMY GOUNDER AND ANR. [LAWS(MAD)-1968-9-31] [REFERRED TO]
ANDHRA BANK TANUKU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2008-5-3] [REFERRED TO]
UNION OF INDIA VS. OFFICIAL ASSIGNEE OF BOMBAY [LAWS(BOM)-1970-12-9] [REFERRED TO]
UNION OF INDIA VS. SHANKAR NARAYAN GUPTA [LAWS(CAL)-1979-2-8] [REFERRED TO]
STATE OF KERALA VS. K CHERU BABU [LAWS(KER)-1977-11-29] [REFERRED TO]
AWADHESH KUMAR GUPTA VS. BOARD OF DIRECTORS ALLAHABAD U.P. GRAMIN BANK AND OTHERS [LAWS(ALL)-2012-5-358] [REFERRED TO]
TELECOM, GOA DISTRICT VS. SAROJINI DA COSTA [LAWS(GOACDRC)-2008-11-1] [REFERRED TO]
NATIONAL PROJECTS CONSTRUCTIONS CORPORATION LTD VS. LABOUR ENFORCEMENT OFFICER [LAWS(CAL)-1990-12-1] [REFERRED TO]
UNION OF INDIA VS. MADAN DEY [LAWS(CAL)-1990-6-17] [REFERRED TO]
STATE OF MADHYA PRADESH VS. DEVILAL SHIVLAL PALLIWAL [LAWS(MPH)-1969-12-4] [REFERRED TO]
ATUL KUMAR PANDEY VS. KUMAR AVINASH [LAWS(CAL)-2020-6-11] [REFERRED TO]
STATE OF ANDHRA PRADESH VS. PRAKASH MOHANDAS SAINANI [LAWS(APH)-2006-9-3] [REFERRED TO]
JABALPUR BUS OPERATORS ASSOCIATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-12-33] [REFERRED TO]
UNION OF INDIA VS. SICOM LTD [LAWS(SC)-2008-12-103] [REFERRED TO]
STATE OF GUJARAT VS. MAHANT RANCHHODDAS GURU ATMARAMDASJI [LAWS(GJH)-1972-8-14] [REFERRED]
LEGAL HERIS OF DECD.UMEDMIYA R RATHOD VS. STATE OF GUJARAT [LAWS(GJH)-2017-8-205] [REFERRED TO]
M/S. RAMA MEDICAL STORES VS. THE COMMISSIONER INCOME TAX LUCKNOW [LAWS(ALL)-2016-9-404] [REFERRED TO]
ANARKALI VS. STATE OF U.P. [LAWS(ALL)-2019-10-178] [REFERRED TO]
RAM RATAN GUPTA VS. UNION OF INDIA [LAWS(DLH)-1983-3-13] [REFERRED]
COLLECTOR OF AURANGABAD VS. CENTRAL BANK OF INDIA [LAWS(SC)-1967-5-13] [DISTINGUISHED]
AMRUTA DEI VS. STATE OF ORISSA [LAWS(ORI)-1981-4-11] [REFERRED TO]
UTI BANK LTD VS. DEPUTY COMMISSIONER OF CENTRAL EXCISE CHENNAI [LAWS(MAD)-2006-12-2] [REFERRED TO]
STATE OF MADRAS VS. T M OOSMAN HAJI AND CO MADRAS [LAWS(MAD)-1969-1-17] [REFERRED TO]
COMMISSIONER, CUSTOMS CENTRAL EXCISE AND SERVICE TAX, PATNA VS. SHAPOORJI PALLONJI AND COMPANY PVT. LTD [LAWS(SC)-2023-10-35] [REFERRED TO]
B. K. RAVICHANDRA AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2020-11-32] [REFERRED TO]
STONEWARE PIPE AND SANITARY FITTING MANUFACTURING CO VS. STATE OF RAJASTHAN [LAWS(RAJ)-1971-9-3] [REFERRED TO]
RAMJEE PRASAD VS. STATE OF BIHAR [LAWS(PAT)-1979-1-10] [REFERRED TO]
M P STATE COOPERATIVE OIL SEEDS GROWERS FEDERATION LIMITED VS. BANK OF BARODA [LAWS(MPH)-2002-4-60] [REFERRED TO]
UNION OF INDIA VS. PUNJAB FINANCIAL CORPORATION [LAWS(P&H)-2006-12-75] [REFERRED TO]
UNION OF INDIA VS. S I C O M LTD [LAWS(SC)-2008-12-88] [REFERRED TO]
LT. GOVERNOR OF DELHI AND ANOTHER VS. DALIP SINGH [LAWS(DLH)-1976-1-14] [REFERRED TO]
YOUTH WELFARE FEDERATION VS. UNION OF INDIA [LAWS(APH)-1996-10-11] [REFERRED TO]
AMRITLAL NATHUBHAI SHAH VS. UNION GOVERNMENT OF INDIA [LAWS(GJH)-1972-5-1] [REFERRED]
VIDYACHARAN SHUKLA VS. B S ADITYAN [LAWS(KAR)-1988-8-46] [REFERRED TO]
VODAFONE MOBILE SERVICES LIMITED THROUGH B. ARUTSIVAN VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2016-9-383] [REFERRED TO]
KISHORI ALIAS LALOO VS. DEPUTY DIRECTOR CONSOLIDATION VARANASI [LAWS(ALL)-1986-12-31] [REFERRED TO]
THANGARAJAN VS. UNION OF INDIA [LAWS(MAD)-1973-12-7] [REFERRED TO]
SUBRAMANIAN SWAMY VS. UNION OF INDIA [LAWS(SC)-2016-5-82] [REFERRED TO]
JINDAL STAINLESS LTD.& ANR. VS. STATE OF HARYANA & ORS. [LAWS(SC)-2016-11-11] [REFERRED TO]
VINAY KUMAR KOHLI VS. UNION OF INDIA [LAWS(MPH)-2002-1-1] [REFERRED TO]
SAMATHA HYDERABAD ABRASIVES AND MINERALS PRIVATE LIMITED VS. STATE OF ANDHRA PRADESH [LAWS(SC)-1997-7-24] [REFERRED TO]
Viswasrai Laxminarayana Dora VS. State of Orissa [LAWS(ORI)-2007-2-35] [REFERRED TO]


JUDGEMENT

Subba Rao, C. J. - (1.)This Full Bench of 9 Judges has been constituted to consider the correctness of the decision of this Court in Director of Rationing and Distribution vs. Corporation of Calcutta, (1961) 1 SCR 158.
(2.)The relevant facts are simple and are not in dispute. The State of West Bengal was carrying on the trade of a daily market at 1, Orphanganj Road, Calcutta, without obtaining a licence as required under S. 218 of the Calcutta Municipal Act, 1951 (West Bengal Act 33 of 1951) (hereinafter called the Act. The Corporation of Calcutta filed a complaint against the State of West Bengal in the Court of the Presidency and Municipal Magistrate, Calcutta under S. 541 of the Act for contravening the provisions of S. 218 thereof. Under S. 218 of the Act, every person who exercises or carries on in Calcutta any trade, shall take out a licence and shall pay for the same such fee as is mentioned in that behalf in Schedule IV to the Act. Admittedly for the year 1960-61, the Government of West Bengal did not take out a licence under the said section but carried on the said trade. The main contention of the Government was that the State was not bound by the provisions of the Act. The learned Magistrate accepting the said contention, acquitted the State. On appeal, the High Court of Calcutta held that the State was carrying on the business of running a market and therefore, it was as much bound as a private citizen to take out a licence. It distinguished the decision of this Court in (1961) 1 SCR 158 (supra) on the ground that the said decision was concerned with the sovereign activity of the State. In the result the State of West Bengal was convicted under S. 537 of the Act-S.537 appears to be it mistake for S. 541-and sentenced to pay a fine of Rs. 250, with the direction that when realised, it should be paid to the Corporation. Hence the present appeal.
(3.)Learned Advocate-General of West Bengal raised before us the following points:(1) The State is not bound by the provisions of a statute unless it is expressly named or brought in by necessary implication; (2) the said principle equally applies to sovereign and non-sovereign activities of a State, and Mr. N. S. Bindra, learned counsel appearing for the Attorney-General raised before us the third point, namely, this Court has no power under the Constitution to review its earlier judgment.


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