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january 2009

Supreme Court of India · 2009-01-21

ASIT KUMAR KAR vs STATE OF WEST BENGAL .

Citation / case number
SC 2008/7881
Court
Supreme Court of India
Petitioner
ASIT KUMAR KAR
Respondent
STATE OF WEST BENGAL .
Author
MARKANDEY KATJU,R.M. LODHA, , ,
Bench
MARKANDEY KATJU,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court recalled the directions in paragraph 40 of the judgment in All Bengal Licensees Association v. Raghabendra Singh & Ors. [2007 (11) SCC 374], which had cancelled 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 [1988 (2) SCC 602]. The Court clarified that a recall petition does not assess merits but addresses procedural fairness, allowing affected parties to challenge the licenses in appropriate proceedings. The writ petitions were disposed of with these directions.

ASIT KUMAR KAR vs STATE OF WEST BENGAL . · Niyam