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1 - 10 of 17 (0.48 seconds)Section 4B in The West Bengal Rural Employment And Production Act, 1976 [Entire Act]
The West Bengal Rural Employment And Production Act, 1976
Madan Mohan Pathak vs Union Of India & Ors. Etc on 21 February, 1978
We are of the view that Madan Mohan Pathak's case
would not apply to the facts in the present case for the
simple reason that what has been undone by Section 4B and
Section 78C is not a mandamus issued by a superior court.
Article 301 in Constitution of India [Constitution]
State Of Kerala & Anr vs Peoples Union For Civil Liberties & Ors on 21 July, 2009
Equally, the
observation of Chief Justice Beg is to be understood
in the context that as long as the effect of
mandamus issued by the court is not legally and
constitutionally made ineffective, the State is
bound to obey the directions. Thus understood, it is
unexceptionable. But it does not mean that the
learned Chief Justice intended to lay down the law
that mandamus issued by court cannot at all be made
ineffective by a valid law made by the legislature,
removing the defect pointed out by the court.”
This statement of law has been accepted in yet
C.A. No. 9043/2003 12
another judgment of this Court. (See: State of Kerala v.
Peoples Union for Civil Liberties, Kerala State Unit &
Ors., [(2009) 8 SCC 46 at paragraph 65].