Supreme Court · 1961 INSC 327 · Decided 1 December 1961
SMT. Sitabati Debi & ANR. v. State of West Bengal & ANR.
- Court
- Supreme Court of India
- Citation
- 1961 INSC 327 · [1967] 2 S.C.R. 949
- Case number
- CIVIL APPEAL No. 322/1961
- Decided
- 1 December 1961
- Bench
- P.B. GAJENDRAGADKAR, A.K. SARKAR, K.N. WANCHOO, K.C. DAS GUPTA, N. RAJAGOPALA AYYANGAR (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
Co11stitu1ion of India, 1950, Arts. 19 and 31(1) and (2)-l<M wuler Art. 31(2)-/f .rnhject 10 Arr. 19(1)(/). Before tho Constitution (Fourth Amendment) Act, 1955, it had been held by this Court in Bhanjl Munji's case [19551 I S.C.R. 777 and other earlier cases, that both clauses the Art. 31 of the Consti­ tution dealt with a Jaw giving pov.·er to the State to acqu:re or requisition property, and that, Art. 19(! )(f) was not attracted to such a law. After the Amendment, in Kochunrs case [1960! 3 S.C.R. 837, this Court held that cl. (2) of the Art. 31 alone dealt
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