Back
IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Rathendra Raman, Chairman, The Board of Trustees for the Syama Prasad Mookherjee Port – Appellant
Versus
Hindustan Steelworks Construction Ltd. – Respondent
| Table of Content |
|---|
| 1. background of the port lease and eviction process. (Para 1 , 12 , 13 , 14) |
| 2. argument regarding jurisdiction of db-i. (Para 2 , 4 , 5 , 19) |
| 3. court's observations on the assignment of judicial discretion. (Para 3 , 9 , 11 , 20) |
| 4. legal authority of the chief justice in roster management. (Para 23 , 24) |
| 5. conclusion dismissing the recall application. (Para 25 , 26) |
JUDGMENT :
Madhuresh Prasad, J.
1. The respondents above named are the applicants in CAN 4 of 2025. Prayer in the application is for recall for an order dated 02.01.2024 passed in IA No. CAN 1 of 2023 in MAT 2357 of 2023. The learned Senior Advocate for the applicant Mr. Ali appeared on behalf of the applicant.
2. It is submitted by Mr. Ali that the application (CAN 1 of 2023) was initially listed before a co-ordinate Bench on 11.12.2023 having determination to take up mandamus/ writ appeal and applications. Since the present appeal is a mandamus appeal and CAN 1 of 2023 was an application in a mandamus appeal, the co-ordinate Bench had the determination to take up the writ appeal including application/s irrespective of classification. However, the Bench was pleased to release the matter on 11.12.2023, due
The Chief Justice has inherent authority to assign cases, and any adjudication made without such assignment is void; however, a Division Bench retains jurisdiction if generally authorized to hear any....
A judge must operate within their assigned jurisdiction; any order made outside this scope is void.
The court recognizes the importance of maintaining judicial dignity and outlines procedures to ensure accountability in cases of contempt, recalling its order to allow for proper jurisdictional handl....
Recall of judicial orders is limited to cases involving fraud, jurisdictional errors, or procedural irregularity; conflicts on substantive merits do not justify reopening concluded cases.
In a contempt jurisdiction, court will not travel beyond original judgment and direction, neither would it be permissible for court to issue any supplementary or incidental directions, which are not ....
The transferee of property can execute a decree without a separate assignment of the decree as per the amended provisions of the Code of Civil Procedure, 1908.
Judicial orders made without proper jurisdiction are void, emphasizing the Chief Justice's authority in roster determination.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
