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january 2009

Supreme Court of India · 2009-01-21

Asit Kumar Kar vs State Of West Bengal & Ors

Citation / case number
AIR 2009 SC (SUPP) 282
Court
Supreme Court of India
Petitioner
Asit Kumar Kar
Respondent
State Of West Bengal & Ors
Bench
R.M. Lodha, Markandey Katju

Judgment text excerpt

The Supreme Court recalled its earlier order in All Bengal Licensees Association v. Raghabendra Singh & Ors. [2007 (11) SCC 374], which had cancelled certain licenses without providing an opportunity for the affected parties to be heard, violating the principles of natural justice as established in A.R. Antuley v. R.S. Nayak & Anr. [1988 (2) SCC 602]. The Court emphasized that no adverse orders should be made without a hearing, and clarified the distinction between recall and review petitions under Article 32. The Court disposed of the writ petitions with directions for affected parties to seek appropriate remedies.

Asit Kumar Kar vs State Of West Bengal & Ors · Niyam