Supreme Court · 2000 INSC 545 · Decided 28 November 2000
Union of India v. K.M. Shankarappa
- Court
- Supreme Court of India
- Citation
- 2000 INSC 545 · [2000] SUPP. 5 S.C.R. 117
- Case number
- CIVIL APPEAL No. 3106/1991
- Decided
- 28 November 2000
- Bench
- V.N. KHARE, S.N. VARIAVA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
Cinematograph Act, 1952-Sections 5D; 6(1)-Constitutional validity of-Held, it is not constitutionally valid as the Government cannot sit in an appeal or review a judicial order passed by the Tribunal. Before introduction of section SD to the Cinematograph Act, l 9S2, an appeal from a decision of SD pursuant to the decision in K.A. Abbasv. UnionoflndiaAlR, (1971) S.C. 481. The tribunal was an expert body which had been set up. Besides, it has been set up for the purposes of considering amongst other things, the effect of films on the public. However, Government still sought to retain
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