Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Cashew Factories Acquisition (Amendment) Act 1995: s.6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Cashew Factories Acquisition (Amendment) Act, 1995: s.6 — Constitutional validity of — Notices for acquisition of 10 factories sent between 1984 and 1986 — Similar notices sent to 36 other factories in 1988 by which the said factories also acquired under the Act — In case of 36 factories, Supreme Court passed directions to handover the factories to the respective owners — In case of 10 factories, directions passed to take them over by Amendment Act - The Amendment Act of 1995 was brought into force to cover all 46 acquisitions that had been made under the Principal Act— Whether s.6 was bad as it sought fo directly nullify the directions passed by Supreme Court in the two judgments and whether s.6 violated Article 14 inasmuch as it gave discriminatory treatment to the 10 factories and 36 factories ~ Held: The legislature cannot directly annul a judgment of a court - s.6 directly sought to upset a final judgment inter- parties and was bad on this count and is unconstitutional —A bare reading of the Statement of Objects of the Amendment Act shows that the Kerala Legislature wished to interfere with two judgments of the Supreme Court making no distinction between the 36 factories and the 10 factories — The handing back of only 36 factories would be patently discriminatory as all 46 factories were similarly situate and were treated as such |
Judge | Hon'ble Mr. Justice R.F. Nariman Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2015 INSC 91 |
Petitioner | S. T. Sadiq |
Respondent | State Of Kerala& Ors. |
SCR | [2015] 3 S.C.R. 287 |
Judgement Date | 2015-02-04 |
Case Number | 3962 |
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