August 2019

Allied Laws

DR.K. Shivaram
Senior Advocate| Rahul K. Hakani |Sashank Dundu
Advocates

20.  Appeal pending Till order of court is varied or modified, it remains valid and subsisting and has to be complied with [West Bengal Municipal Act, 1993, S.96]

 

Subrata Sen vs. The Kolkata Municipal Corporation and Ors. AIR 2019 Calcutta 32

The issue before the court was whether an appropriate writ in the nature of mandamus could be issued against the order of the municipal assessment tribunal, when a revision application had been filed against such order.

 

It was held by the court that it was a well-settled law that till an order passed by a competent court or forum is set aside and / or stayed and / or varied and / or modified, the said order remains valid and subsisting and is required to be complied with, both in law and in spirit. If a stand is taken by any person that he / she is unable to comply with a valid and subsisting order simply because an appeal is pending before a higher forum, it would render the concept of adherence to due process of law to a state of absolute farce. This is neither desirable nor acceptable, nor permissible.

 

If one has to accept the stand taken on behalf of the Kolkata Municipal Corporation, it would mean that no order passed by any competent legal forum will ever be complied with till the person aggrieved by the said order has exhausted all further remedies even if such remedies are essentially discretionary in nature. This is certainly not in conformity with the scheme for rendering effective justice in the matter.

 

Accordingly, it was decided that the order of the Municipal Assessment Tribunal would be implemented and the same shall not cause any prejudice to the rights of the Kolkata Municipal Corporation in respect of the revision application, which shall be decided on its own merit without being influenced in any manner by any observation
made herein.

 

21.  Dishonour of cheque Prosecution launched against directors quashed by High Court set aside Court would have to look into whether directors had any role in the business activiti

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