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january 2009

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.

The State Of West Bengal & Ors vs Somdeb Bandyopadhayay & Ors · Niyam