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PETITIONER: SISIR KUMAR DUTTA
Vs.
RESPONDENT: STATE OF WEST BENGALUNION OF INDIA-Intervener.
DATE OF JUDGMENT: 05/12/1952
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA HASAN, GHULAM
CITATION: 1953 AIR 63 1953 SCR 644
ACT: Essential Supplies (Temporary Powers) Act, 1946, s. 4-Exten- sion of Act up to 31st March, 1951, by resolution of Constituent Assembly-Validity-Powers of Constituent Assembly-India (Central Government and Legislature) Act, 1946, ss. 4, 4-A -India (Provisional Constitution) Order, 1947-Constitution of India, 1950, Arts. 372, 379 (1), 394.
HEADNOTE: The Essential Supplies (Temporary Powers) Act, 1946, a temporary Act which was being extended from time to time after the date of its first expiry, for a year at a time, was extended up to the 31st March, 1951, from the 31st March, 1950, by a resolution passed by the Constituent Assembly (Legislative) at a meeting held on the 20th December, 1949. The appellant who was convicted for an offence committed under the Act on the 24th October, 1950, contended that the Constituent Assembly had no power to extend the Act in view of, the provisions of Art. 379 (1) of the Constitution, and that at any rate it had no power to extend the duration of the Act beyond the 26th January, 1950 645 Held, that, even ass...