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Samya Sett vs Shambu Sarkar & Anr on 12 August, 2005

13. All the above decisions unanimously condemn the training judicial gun, at the drop of the hat, against the unsuspecting parties. Going by the principles laid down in the above authorities, I have no hesitation to hold that the impugned strictures passed by the 1st respondent against the petitioner are unwarranted. The view taken by the petitioner on the effect of the directions issued in Ext. P1 is also a plausible view. This observation may not be understood as fettering the powers of the State Commission in considering on merits, the appeal stated to have been filed by the Housing Board against the orders of the District Forum. Further, the strictures were passed without putting the petitioner on notice. Those disparaging remarks were totally unwarranted for the disposal of the case. There were no materials on record also, to support the view expressed by the District Forum against the petitioner. In the result, the Writ Petition is allowed. The strictures contained in Ext.P2, which are challenged by the petitioner are expunged. No costs.
Supreme Court of India Cites 9 - Cited by 13 - C K Thakker - Full Document
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