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march 1996

Supreme Court of India · 1996-03-26

PRASANNA KUMAR ROY KARMAKAR vs STATE OF WEST BENGAL .

Citation / case number
SC 1994/4425
Court
Supreme Court of India
Petitioner
PRASANNA KUMAR ROY KARMAKAR
Respondent
STATE OF WEST BENGAL .
Author
S.C. SEN
Bench
S.C. SEN

Judgment text excerpt

The Supreme Court held that the High Court's intervention in a landlord-tenant dispute through writ jurisdiction was improper, as it bypassed the due process required under Section 144 of the Criminal Procedure Code. The Court emphasized that the landlord was granted possession without a proper hearing or notice to the tenant, violating principles of natural justice. Consequently, the Court set aside the orders made by the High Court, reaffirming that landlord-tenant disputes should be resolved through appropriate legal forums rather than through extraordinary writs.

PRASANNA KUMAR ROY KARMAKAR vs STATE OF WEST BENGAL . · Niyam