Bhagabati Prasad Banerjee, Dibyendu Bhusan Dutta
State of West Bengal – Appellant
Versus
S. I. Dulal Ranjan Biswas – Respondent
Bhagabati Prasad Banerjee, J.
1. This is an application for leave to prefer an appeal under clause 15 of the Letters Patent with an undertaking to draw up and complete the order and to apply for and obtain the certified copy within the period of limitation and file the same at a later stage.
2. Under the Original Side Rules of this Court, such a composite application is filed for obtaining leave to prefer an appeal without certified copy, within the period of limitation and for an interim order of injunction or stay of the operation of the order of the Learned Trial Judge.
3. Such leave is granted as a matter of course by this Court, and this is the practice under the Original Side Rules.
4. In the instant case, Mr. Mukul Prakash Banerjee and Mr. Saktinath Mukherjee, learned Counsels appearing on behalf of the opposite parties, who have no locus standi to intervene at this state and who have obtained the order of the Learned Trial Judge, dated 7th December 1995, took a preliminary point that no such leave could be granted by this Court at this stage because of the provisions of proviso to sub-s. (1) of S. 29 of the Administrative Tribunals Act, 1985. Whether or not such a lea
S. P. Sampath Kumar vs. Union of India (1987) 1 SCC 124 :
AIR 1987 SC 386, Pulin Behari vs. King Emperor 1912-15 CLJ 517
Gokaraju Rangaraju vs. State of Andhra Pradesh AIR 1981 SC 1473
Mahendranath Roy vs. Delraddi Chakdar AIR 1966 Cal 285
Dhulabhai vs. State of Madhya Pradesh AIR 1969 SC 78 (Five Judges Bench)
Secretary of State vs. Mask & Co. 1940 (67) 9A 222: AIR 1940 PC 105.
Raj Narain vs. Indira Gaudhi, AIR 1975 SC 2299
R. vs. Medical Appeal Tribunal, Exp. Gilmore (1957) 1 QB 574 (583)
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