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2017 Supreme(Cal) 426

NISHITA MHATRE, DIPANKAR DATTA, TAPABRATA CHAKRABORTY
State of West Bengal – Appellant
Versus
Purnima Das – Respondent


Advocates Appeared:
Joytosh Majumder, Pinaki Dhole, Rajat Dutta, Avishek Prasad, Indranath Mitra, Subhankar Das, Rasomay Mondal, S.K. Mukhopadhyay, Subrata Kr. Sarkar, R. Bose, Anjan Bhattacharya, Advocates

JUDGMENT :

Dipankar Datta, J.

1. While hearing C.A.N. 12495 of 2014 (an application for stay) in an intra-court writ appeal [M.A.T. 2234 of 2014 (State of West Bengal & ors. v. Purnima Das & ors.)], since renumbered F.M.A. 1277 of 2015, a Division Bench of this Court on June 25, 2015 passed the following order:

“Having regard to the judgments of different Division Benches on the same issue contravening each other, we are of the opinion, the matter has to be referred to Larger Bench.

Place it before the Chief Justice for necessary order.”

2. By an administrative order dated February 17, 2016 passed on the file of F.M.A. 1277 of 2015, the Hon’ble the Chief Justice constituted a Bench of three learned Judges of this Court, to be presided over by Her Ladyship, to hear the same. The said Bench could not conclude hearing of the appeal owing to transfer of the Hon’ble the Chief Justice.

3. A subsequent administrative order of the Hon’ble the Acting Chief Justice dated December 7, 2016 resulted in constitution of this Bench to hear F.M.A. 1277 of 2015.

4. W.P.S.T. 447 of 2013 (Arpita Sarkar v. State of West Bengal & ors.) and W.P.S.T. 78 of 2014 [Kakali Chakraborty (Dutta) v. State of West Bengal


















































































































































































































































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