Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1962

Supreme Court of India · 1962-02-05

THE CALCUTTA GAS COMPANY (PROPRIETARY) LTD. vs THE STATE OF WEST BENGAL AND OTHERS

Citation / case number
SC 1961/111
Court
Supreme Court of India
Petitioner
THE CALCUTTA GAS COMPANY (PROPRIETARY) LTD.
Respondent
THE STATE OF WEST BENGAL AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Oriental Gas Company Act, 1960, stating that the West Bengal Legislature had the competence to enact the law under Article 246 of the Constitution. The Court ruled that the appellant had locus standi to challenge the Act under Article 226 due to the abridgment of its lawful rights under the management agreement. The Court clarified that the legislative entries regarding industries must be harmonized, confirming that gas and gas-works are specifically governed by Entry 25 of List II, thus affirming the State's authority over such industries.

THE CALCUTTA GAS COMPANY (PROPRIETARY) LTD. vs THE STATE OF WEST BENGAL AND OTHERS · Niyam