Print this page || Email this page
MANU/SC/0009/1950
Equivalent Citation: AIR1951SC41, (1951)53BOMLR499, [1951]21CompCas33(SC), [1950]1SCR869
IN THE SUPREME COURT OF INDIA
Decided On: 04.12.1950
Appellants: Chiranjit Lal Chowdhuri
Vs.
Respondent: The Union of India (UOI) and Ors.
Hon'ble Judges:
Harilal Kania, C.J., Saiyid Fazl Ali, Patanjali Sastri, Mukherjea and Das, JJ.
Subject: Constitution
Catch Words
Mentioned IN
Acts/Rules/Orders:
Constitution of India - Articles 14, 19(1), 19(5), 31 and 32; Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950
Citing Reference:
McCabe v. Atchison Discussed
Middleton v. Texas Power and Light Company Discussed
Barbier v. Connolly Mentioned
Army v. Dalziel Mentioned
Yick Wo v. Hopkinas Mentioned
Southern Railway Company v. Greene Discussed
Gulf C. & S.F.R. Co. v. Ellis Mentioned
Southern Railway Co. v. Greene Mentioned
Radice v. New York Mentioned
Minister for State for the Army v. Datziel Discussed
Pennsylvania Coal Company v. Mahon Discussed
Lindsley v. Natural Carbonic Gas Company Discussed
Gulf, Colorado and Santa
Fe'Railway v. W.H. Ellis Discussed
Case Note:
Sholapur Spinning and Weaving Company Act 1950-Act Dismissing Company's managing agents, removing its directors, authorising government for appointment of new directors and curtailing shareholders' right in the voting matter etc.-Validity-Whether infringement on fundamental rights-Right of property save not to be deprived by authority of law-Right to acquire, hold and dispose property-Right to equal protection of law Constitution of India, Arts. 14, 19(1) (f), 19(f), 31, 32-Deprivation of property,-- Meaning of “property”, “acquisition”, “taking possession”, “equal protection”-Under Art 32, right to apply-Right of shareholders.
JUDGMENT
Kania, C.J.
1. This is an application by the holder of one ordinary share of the Sholapur