Supreme Court of India

State of West Bengal v. Ashish Kumar Roy and Ors.

Neutral citation
Reported as [2004] SUPP. 6 S.C.R. 665
Bench Shivaraj V. Patil and B.N. Srikrishna JJ.
Decided 3 December 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that clause 2(d) of Article 323-A and clause 3(d) or Article 323-B, to the extent they exclude the jurisdiction of the High Courts and the Supreme Court under Articles 226/227 and 32 of the Constitution, are unconstitutional.

Judgment, page 11

From the headnote

Constitution of India, 1950; Articles 31A, 323( ) & ( ), Entry 18 to List II of 7th Schedule/West Bengal Land Reforms and Tenancy Tribunal Act, 1997; Ss. 5, 6, 7, 8, and 9 : Constitution of Land Reforms Tribunal-Provisions conferring jurisdiction, power and authority-Constitutionality of-Held: Since it is permissible for the Tribunals/Courts to perform supplementary functions/ c role without exclusion of the jurisdiction of the High Courts/Supreme Court under Articles 2261227 or Article 32 of the Constitution, State Legislature competent to constitute such Tribunal-Legislature competent to

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