Disposed¶17

Chanchal Ghosh and Anr. (Ratna Ghosh Since Deceased) v. Sasanka Nath Chandra

Calcutta HC2 Jan 2025FA/166/2018

Case brief

AI extract

What is this about?

F.A. 166 of 2018 | Chanchal Ghosh & Anr. v. Sasanka Nath Chandra | decision 04.07.23 | Judges: Harish Tandon, Prasenjit Biswas | Topics: filing of paper books, Paper Book Department refusal, informal paper book, illegible documents, Appellate Side Rules, expedition/appeal disposal | Advocates: Arnab Roy, Satyam Mukherjee (appellants) | Administrative order permitting same-day filing of paper books and directing Department to flag illegible documents for the concerned Bench; no cases cited, no quantum.

What did the court decide?

Administrative/procedural order: the Department was directed to note in the file which paper-book documents are illegible for the concerned Bench's attention, and the appellants were permitted to file the paper books the same day; the underlying appeal itself was not decided. ¶17

Chanchal Ghosh and Anr. (Ratna Ghosh Since Deceased) Vs Sasanka Nath Chandra — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Paper Book Department refused to accept the appellants' paper books and whether a direction was required for their filing. +1 more

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Court's answer

Since the Court now directs parties to file informal paper books without the rigor of the Appellate Side Rules procedures, with photocopies annexed without verification, there is no impediment for the Department to accept such paper books, which serves to expedite the hearing and early disposal of appeals.

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Ratio / Principle

The Department is directed to record in the file which documents in the paper book are not legible, so that the concerned Bench may take note and pass appropriate directions; the order is passed to ensure strict compliance by the Department.

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Key takeaways

The appellants were permitted to file the paper books on that very day.ratio¶17

Detailed headnote1 paragraphs

Procedural order dated 04.07.23 in F.A. 166 of 2018 (Chanchal Ghosh & Anr. v. Sri Sasanka Nath Chandra; Coram: Harish Tandon, J. and Prasenjit Biswas, J.). The paper books had not been received by the Paper Book Department as the filing time had elapsed, and counsel for the appellants insisted there had been a refusal to accept them. The Court noted a recent 'stark departure' from the Appellate Side Rules: parties are directed to file informal paper books without the rigor of full procedures, with unverified photocopies annexed, so there is no impediment for the Department to accept such paper books, which expedites hearing and early disposal of appeals. Directing its attention to an earlier order of 29th June, 2016 (office not to accept paper books containing illegible documents), the Court directed the Department to note in the file which documents are illegible so the concerned Bench can take note and pass appropriate directions, ordered strict compliance, and permitted the appellants to file the paper books the same day. No cases cited; the appeal was not decided on merits in this order.

101 04.07.23

F.A. 166 of 2018

Ct. No. 04

akd

Chanchal Ghosh & Anr. Vs.

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Sri Sasanka Nath Chandra.

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Mr. Arnab Roy, Mr. Satyam Mukherjee. … for the appellants.

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We have noticed in course of hearing of the instant matter that the paper books are not received by the Department, as the time to file the same has elapsed in the meantime.

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The concerned officer of the Paper Book Department was called on and it has been brought to our notice that while accepting the paper book to be filed by the respective parties, the order sheet is not ordinarily available with them and, therefore, there is no question of refusal to accept the same.

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However, the learned Advocate appearing for the appellants insist that there was a refusal for which we feel that a direction is required to be passed.

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Our attention is drawn to an order dated 29^th June, 2016, wherein it is indicated that if there is an illegible document included in the paper book, the office shall not accept the same unless the document annexed thereto is legible.

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In recent times there has been a stark departure from the Appellate Side Rules, as the Court directs the parties to file informal paper book in the Department without following the rigor of all procedures required therefor; obviously the photocopy of the documents are annexed with the paper book without being verified and/or checked, as it is regarded as informal paper book and, therefore, there is no impediment on the part of the Department to accept such paper book in order

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to expedite the hearing of the appeals and to secure early disposal thereof.

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However, Department is directed to put note in the file that which documents included in the paper book are not legible to be taken note of by the concerned Bench and appropriate direction is required to be passed thereupon.

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The aforesaid order is passed to ensure strict compliance thereof by the Department.

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The appellants are permitted to file the paper books in course of this day.

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(Harish Tandon, J.)

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(Prasenjit Biswas, J.)

Chanchal Ghosh and Anr. (Ratna Ghosh Since Deceased) v. Sasanka Nath Chandra

Case brief

What is this about?

What did the court decide?

Chanchal Ghosh and Anr. (Ratna Ghosh Since Deceased) v. Sasanka Nath Chandra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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