Supreme Court of India · 2009-01-23
The State Of West Bengal & Ors vs Somdeb Bandyopadhayay & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1989
- Court
- Supreme Court of India
- Petitioner
- The State Of West Bengal & Ors
- Respondent
- Somdeb Bandyopadhayay & Ors
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Calcutta High Court erred in allowing the writ appeal filed by Respondent No.1 without condoning the delay, as the appeal was non-est in the eye of law. The Court emphasized that factual disputes regarding attendance and duties cannot be resolved in a writ petition, thus reinforcing the principle that such matters require factual adjudication. The Court set aside the High Court's order, highlighting procedural impropriety in issuing interim directions without proper jurisdiction.