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november 1962

Supreme Court of India · 1962-11-27

STATE OF WEST BENGAL vs HEMANT KUMAR BHATTACHARJEE AND OTHERS

Citation / case number
SC 1959/217
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
HEMANT KUMAR BHATTACHARJEE AND OTHERS
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the decision of the High Court regarding the unconstitutionality of Section 4(1) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1952, was binding and could not be challenged collaterally. The Court affirmed that the Special Judge had jurisdiction over the case despite earlier rulings, as the subsequent High Court decision established this jurisdiction. The fresh charge sheet filed was deemed to fall within the prohibition of Section 12 of the Act, thus invalidating further proceedings against the respondents.

STATE OF WEST BENGAL vs HEMANT KUMAR BHATTACHARJEE AND OTHERS · Niyam