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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
Sadhan Kumar Pramanick – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUBHENDU SAMANTA, J.
1.The father of the present petitioners and respondent No.6, namely, Santosh Kumar Pramanick @ Santosh Pramanick was a M.R. Dealer. The said M.R. Dealer expired on 25.04.2020. It is the case of the petitioners that the present petitioners are fully dependent upon the business conducted by their father and the present petitioners are continuing the joint business with other brother, namely, Bhajan Kumar Pramanick (respondent No. 6). After the demise of their father they are jointly conducting their business.
2. In the month of May, 2021 the present petitioners came to learn that the licence of the Fair Price Shop belong to Santosh Pramanik was transferred in the name of the respondent No. 6 by the authority concerned. They have made several representations through their learned advocates and came to know that prior to demise of their father one application was filed by deceased licensee on 5th of April, 2017 for transfer of the business in favour of Bhajan (respondent No. 6). On the ground of incapacitation, it is the father case of the petitioners that after demise of their father without obtaining any “No Objection Certificate” from the other owners i.
The main legal point established is that when a licensee recommends another person due to incapacitation, a no-objection certificate from the spouse is not necessary, and challenging administrative a....
The central legal point established in the judgment is the requirement for the petitioner to establish entitlement to the license for the Fair Price Shop and kerosene dealership, which he failed to d....
In absence of statutory provision for license transfer upon licensee's death, courts can grant equitable relief considering justice, good conscience, and the need to balance equities.
The main legal point established is that when the original trade license has expired and renewal or transfer is not available, the only recourse is to apply for a fresh license in accordance with the....
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