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SUBHENDU SAMANTA
Faizul Hoque – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petition not maintainable (Para 1) |
| 2. material statements untrue (Para 2) |
| 3. affidavit defects (Para 3 , 4) |
| 4. strictly observed affidavit rules (Para 5 , 6 , 7 , 8) |
| 5. distorted facts suppression (Para 9 , 10 , 11 , 12) |
| 6. hearing date set (Para 13 , 14) |
JUDGMENT :
1. Private respondent No. 6 challenge the maintainability of the writ petition on two fold grounds:
Secondly, on earlier round of litigation, one applicant had challenged the appointment of the respondent No. 6 which was decided in favour of the private respondent up to Hon’ble Supreme Court. The present petitioner again tries to agitate the same issue before this court. Thus the present petitioner being the fence sitter cannot allowed to challenge appointment of the respondent No. 6 as a distributor in respect of the impugned vacancy notification.
3. Mr. Majumder further submits that this writ petition was affirm by one Md. Najmi Alam on 26th October 2023 claiming himself to be constituted atto
Affidavits in writ petitions must be truthful and not misleading; prior rulings affect maintainability.
An individual's minority does not vitiate the validity of knowledge acquired during that period when affirming an affidavit post-majority.
The court ruled that a deponent's minority does not invalidate knowledge of relevant facts subsequently asserted in an affidavit upon reaching majority.
An affidavit attested by a Notary Public is permissible for use in the High Court, and the court has the power to consider such affidavits in proceedings.
The main legal point established is the strict adherence to the rules governing affidavits, the prohibition of advocate's clerks signing affidavits, and the impact of non-compliance on the court's de....
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