Supreme Court of India · 1960-08-16
DIRECTOR OF RATIONING AND DISTRIBUTION vs THE CORPORATION OF CALCUTTA AND OTHERS
- Citation / case number
- SC 1956/7
- Court
- Supreme Court of India
- Petitioner
- DIRECTOR OF RATIONING AND DISTRIBUTION
- Respondent
- THE CORPORATION OF CALCUTTA AND OTHERS
- Author
- SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the State is not bound by the provisions of Section 386(1)(a) of the Calcutta Municipal Act, 1923, unless expressly stated or implied. The High Court's ruling that the Government was bound by statute was upheld, but the Court distinguished the Privy Council's decision in L.R. 73 I.A. 271, affirming that the legal position remains unchanged post-Constitution. The appellant was acquitted of the charges for contravening the Act, as the statute did not apply to the State.