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april 2004

Supreme Court of India · 2004-04-29

STATE OF W BENGAL vs SADAN K BORMAL

Citation / case number
SC 1997/12749
Court
Supreme Court of India
Petitioner
STATE OF W BENGAL
Respondent
SADAN K BORMAL
Author
B.P. SINGH
Bench
B.P. SINGH N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court held that the 3rd Special Court, Calcutta, lacked jurisdiction to try offences under the Prevention of Corruption Act, 1947 after the enactment of the Prevention of Corruption Act, 1988, which repealed the former Act. The Court emphasized that jurisdiction must be expressly conferred, and since the 1988 Act did not empower the Special Court to try cases under the repealed Act, the proceedings were quashed. The judgment reaffirmed the principle that legislative changes affecting jurisdiction must be clearly articulated in law.

STATE OF W BENGAL vs SADAN K BORMAL · Niyam