A writ petition dismissed by the High Court due to non-appearance of the petitioner, without any adjudication on merits, does not constitute binding or persuasive authority on the legal questions raised therein. Such dismissal follows established precedent and holds no precedential value for future cases in West Bengal or other jurisdictions.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/21563/2019 of BIDYUT DAS Vs STATE OF WEST BENGAL & ORS |
| CNR | WBCHCA0474532019 |
| Date of Registration | 20-11-2019 |
| Decision Date | 27-10-2025 |
| Disposal Nature | DISMISSED FOR DEFAULT |
| Judgment Author | HON’BLE JUSTICE PARTHA SARATHI CHATTERJEE |
| Court | Calcutta High Court |
| Precedent Value | None; does not create either binding or persuasive precedent |
| Ratio Decidendi |
|
| Facts as Summarised by the Court | The petitioner was absent and no accommodation was sought. The court dismissed the writ petition for default and vacated any interim orders. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | Not binding on any subordinate or coordinate courts |
| Persuasive For | Not of persuasive value for other High Courts or the Supreme Court |
What’s New / What Lawyers Should Note
- Dismissal for default due to non-appearance does not result in adjudication on the merits of the case.
- Such dismissals make no new law and cannot be cited as precedent for any substantive legal question.
- Any interim orders passed are expressly vacated upon such dismissal.
- Practitioners must ensure appearance or seek accommodation to avoid dismissal for default.
Summary of Legal Reasoning
- The court noted the absence of the petitioner and the lack of any request for accommodation.
- It accordingly dismissed the writ petition for default.
- The order included a direction that any interim order in force stands vacated.
- No findings of fact or law were made, and the court did not engage with the merits of the matter.
Arguments by the Parties
Petitioner
No arguments were recorded as none appeared for the petitioner.
Respondent
No submissions from the respondent or State are noted in the judgment.
Factual Background
The writ petition was filed but on the date of hearing, neither the petitioner nor any counsel appeared, nor was any accommodation sought. As a result, the Calcutta High Court dismissed the writ petition for default and vacated any interim orders.
Statutory Analysis
No statutory provisions were analyzed or interpreted in the judgment, as the dismissal was purely on account of default due to non-appearance.
Procedural Innovations
- The court followed standard procedure for dismissal for default.
- No new procedural guidelines or innovations are introduced.
Alert Indicators
- ✔ Precedent Followed – Standard procedure for dismissal for default; no change to existing law.