Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988:Section 26-A [as inserted by Prevention of Corruption (West Bengal Amendment) Act, 1994)-Special Judge appointed under the W.B. Criminal Law Amendment Act, (Special Courts) Act, 1949 deemed to be a Special Judge under the 1988 Act-Effect of-Accused committed offences while P.C. Act, 1947 was in force-But no Special Judge appointed in the State under the Criminal Law Amendment Act, 1952 to try offences under the 1947 Act--However, Special Judge appointed under the 1949 Act to try offences under the 1947 Act-High Court quashed the criminal proceedings against the accused on the ground that no jurisdiction was conferred upon the Special Court afresh after coming into force of the 1988 Act which repealed the 1947 Act-Correctness of-Held: The Special Judge appointed under S. 26-A had jurisdiction to try cases under the 1947 Act-Even assuming that the Special Judge had no jurisdiction to try cases under the 1947 Act, the High Court ought to have kept the trial in abeyance till jurisdiction was conferred upon duly constituted Special Court. Interpretation of Statutes:Legal fiction-Giving effect to:-Held: The court must ascertain the purpose of the legal fiction and must assume all facts and consequences which are incidental or inevitable corollaries for giving effect to the legal fiction-But the fiction must not be extended beyond the purpose for which it was created-It cannot be extended by importing another fiction-Moreover, the Legislature could create a chain of legal fictions by the same Act. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2004 INSC 326 |
Petitioner | State Of West Bengal |
Respondent | Sadan K. Bormal And Anr. |
SCR | [2004] Supp. (1) S.C.R. 870 |
Judgement Date | 2004-04-29 |
Case Number | 877 |
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