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september 1995

Supreme Court of India · 1995-09-12

S.R. BHAGWAT & ORS. vs THE STATE OF MYSORE

Citation / case number
SC 1973/60412
Court
Supreme Court of India
Petitioner
S.R. BHAGWAT & ORS.
Respondent
THE STATE OF MYSORE
Author
S.B. Majmudar
Bench
MAJMUDAR S.B.

Judgment text excerpt

The Supreme Court examined the validity of the Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973, particularly focusing on Sub-sections (2), (3), (4), (5), (6), and (8) of Section 4 and Section 11(2), which were challenged for conflicting with a prior High Court order. The Court held that the impugned provisions were unconstitutional as they undermined the finality of the High Court's decision and violated the principles of natural justice. Consequently, the provisions were struck down, reaffirming the supremacy of judicial orders over legislative enactments.

S.R. BHAGWAT & ORS. vs THE STATE OF MYSORE · Niyam