- Case number
- WPA-IPD No.3 of 2024
- Court
- Calcutta High Court
- Date of judgment
- Judge
- Ravi Krishan Kapur
- Outcome
- Remanded
Headnote
Writ allowed and a refusal based on pre-grant opposition set aside, on a point of procedure that recurs in opposition practice. Where the objections raised in the First Examination Report differ from those in the representation under section 25(1), the Controller is obliged to hold two separate hearings, one on the pre-grant opposition and one on the application under examination, and to pass separate orders dealing with each. The Court also held that the Controller erred in failing to consider the applicant's expert affidavit and technical evidence, and that conducting an independent scientific analysis without giving the applicant an opportunity to address it was a serious infirmity and a breach of natural justice.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.