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1996 Supreme(Cal) 388

S.B.SINHA, SATYA NARAYAN CHAKRABARTY
UNIVERSITY OF CALCUTTA – Appellant
Versus
RAM PROSAD GHOSH – Respondent


Advocates Appeared:
ALAUDDIN, B.R.BHATTACHARJEE, Dilip Mitra, K.K.BANDOPADHYAY, NANDINI MITRA, SANJAY MOHAN

S. B. SINHA, SATYA NARAYAN CHAKRABARTY

( 1 ) THE question which, inter alia, arises for consideration in these appeals is as to whether this Court is denuded of the power to entertain an appeal which is not accompanied with a certified copy upon expiry of 30 days from the date of judgment of the learned single Judge. Our attention has been drawn to a decision of a Division Bench of this Court in the case of Biswanath Ghosh v. State of W. B. reported in (1993) 97 Cal WN 199, wherein it has been held that although the Memorandum of Appeal can be filed within the period of 30 days without being accompanied by a certified copy of the judgment by reason of an alleged practice of this Court such appeal cannot be entertained on the expiry of 30 days if the same is not accompanied by a certified copy.

( 2 ) MR. Bhattacharjee, learned counsel appearing on behalf of the appellant, inter alia, submitted that the said judgment proceeded with a total misconception, inasmuch as, the learned trial Judge had not considered the matter upon proper interpretation of the provision of Chapter VIII of the Appellate Side Rules vis-a-vis Rules 48 and 53 of the writ Rules framed by this Court in exercise


























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