Supreme Court of India · 1966-12-07
SUPERINTENDENT & LEGAL REMEMBRANCER,STATE OF WEST BENGAL vs CORPORATION OF CALCUTTA
- Citation / case number
- SC 1964/90521
- Court
- Supreme Court of India
- Petitioner
- SUPERINTENDENT & LEGAL REMEMBRANCER,STATE OF WEST BENGAL
- Respondent
- CORPORATION OF CALCUTTA
- Bench
- RAO, K. SUBBA (CJ),WANCHOO, K.N. & SHAH, J.C.,SIKRI, S.M. & BACHAWAT, R.S.,RAMASWAMI, V. & SHELAT, J.M.,BHARGAVA, VISHISHTHA & VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the State of West Bengal is not exempt from the provisions of Section 218 of the Calcutta Municipal Act, 1951, which requires obtaining a license to run a market. The Court rejected the common law rule that the Crown is not bound by statute unless expressly named, stating it was not universally accepted in India and lacked statutory recognition. The High Court's conviction of the State was upheld, affirming that the State must comply with the same legal obligations as private citizens.