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.