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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI, JJ.
Baishakhi Bhattacharyya (Chatterjee) & ors. – Appellants
Versus
State of West Bengal & ors. – Respondents
WPA 30649 of 2016
Decided on : 05-03-2024
Court Proceedings - Summary of Court Proceedings - The court heard from various advocates representing different parties and requested updates from the Government Pleader and Deputy Solicitor General. The School Service Commission requested more time to prepare and the matters were listed for a future date.
Fact of the Case:
The court heard from various advocates representing different parties and requested updates from the Government Pleader and Deputy Solicitor General. The School Service Commission requested more time to prepare and the matters were listed for a future date.
Finding of the Court:
The court heard from various advocates representing different parties and requested updates from the Government Pleader and Deputy Solicitor General. The School Service Commission requested more time to prepare and the matters were listed for a future date.
Issues:
Ratio Decidendi:
Final Decision: The matters were listed for a future date to allow the School Service Commission more time to prepare.
JUDGMENT :
1. Affidavits filed in Court be taken on record.
2. Mr. Government Pleader appears and apprises the Court that since the Chief Secretary is pre-occupied with the ensuing election process, he is not in a position to appraise the Court as to the time required to consider and decide on the application for grant of sanction.
3. Learned Government Pleader is requested to appraise the Court tomorrow on this aspect.
4. We heard Mr. Ashis Chowdhury, advocate appearing for some of the writ petitioners.
5. Written notes on argument submitted by Mr. Ashis Chowdhury be taken on record.
6. On conclusion of submission of Mr. Ashis Chowdhury, two other advocates, namely, Benoy Brata Bhowmik in WPA 21207 of 2022 (item no. 131 of monthly list dated March 4, 2024) and Shuvro P. Lahiri in WPA 21430 of 2021 (item no. 118 of monthly list dated March 4, 2024) and WPA 4313 of 2023 (Item no. 194 of monthly list dated March 4, 2024) make their submissions.
7. We call upon the learned advocates for the petitioners/appellants who wanted to add anything further in the matter.
8. None responded to such request on behalf of the petitioners/appellants.
9. In such circumstances, we call upon the Deputy Solicitor General appearing for the Central Bureau of Investigation (CBI) to appraise the Court.
10. On conclusion of the submissions of learned Deputy Solicitor General appearing for C.B.I, Dr. Sutanu Kumar Patra for the School Service Commission commences his submissions. He submits that, various new points were raised in course of the arguments of the learned advocates for the parties in course of yesterday and today. He requires more time to get better prepared. On the insistence of the Court, however, he continues his submission.
11. In order to allow Dr. Patra to be better prepared, list the matters on March 6, 2024.
Court proceedings and scheduling of hearings.
The court's decision emphasized the importance of filing affidavits, representation of advocates, and scheduling of the next hearing in the case.
The central legal point established is the requirement for certification of electronic evidence under Section 65B of the Indian Evidence Act.
The duty to prepare and put questions to the accused under Section 313 Cr. P.C. rests with the Courts only, and the assistance of the prosecutor or defence counsel in preparing relevant questions doe....
The court's exercise of hearing the Government Pleader will not impede the jurisdictional Court in proceeding with the criminal case in accordance with law.
Improper conduct of the prosecutor leading to delay in the hearing of the bail application.
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