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december 2004

Supreme Court of India · 2004-12-03

STATE OF WEST BENGAL vs ASHISH KUMAR ROY .

Citation / case number
SC 1999/9757
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
ASHISH KUMAR ROY .
Author
SRIKRISHNA
Bench
B.N. SRIKRISHNA SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's ruling that certain provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, are ultra vires the Constitution, specifically declaring section 9 and clause 3(e) of Article 323B as violative of the Constitution's basic structure. The Court emphasized that the Tribunal constituted under the Act does not possess the necessary attributes as per Article 323B(1)(d) and that the Act infringes upon the High Court's jurisdiction under Articles 226 and 227. Consequently, the appeal by the State of West Bengal was dismissed, affirming the High Court's decision.

STATE OF WEST BENGAL vs ASHISH KUMAR ROY . · Niyam