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1995 Supreme(SC) 705

KULDIP SINGH, M.N.VENKATACHALIAH
U. P. Rashtriya Chini Milladhikari Parishad, Lucknow – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.SRIVASTAVA, AMANDER NATH SINGH, ARUN KATHPALIA, C.P.PAL, D.D.THAKUR, L.O.NAITHANI, M.I.BHATT, MANOJ PILLAI, PRASHANT KUMAR SINGH, R.AYYAM PERUMAL, Rakesh Dwivedi, SANDIP DIXIT, SATISH CHANDRA AGRAWAL, T.D.SINGH, UMESH CHANDRA, V.D.KHANNA

JUDGMENT

KULDIP SINGH, J. :—This interlocutory application has been filed by the High Court of Judicature at Allahabad through its Registrar in the Special Leave Petition arising from the judgment and order dated September 23, 1994 of High Court of Allahabad (Lucknow Bench) in U.P. Rashtriya Chini Mill Adhikari Parishad v. State of U.P. and others (Writ Petition No. 35951 of 1994.). The special leave petition was disposed of by this Court on December 2, 1994 with the following order.

"In view of the Full Bench judgment of the Allahabad High Court this special leave petition has become infructuous. The special leave petition is disposed of as such."

2. The judgement in Chini Mills case is by the Bench consisting of B.M. Lall and S.R. Singh, JJ. The question of law decided by the Bench in Chini Mills case was later on reconsidered by a Full Bench of the High Court which came to the conclusion that the judgment of the Division Bench in Chini Mills case was contrary to the law laid down by this Court in Nasiruddin v. STA Tribunal, AIR 1976 SC 331, and as such was not correctly decided. It was in this background - Chini Mills case having been overruled by the Full Bench of the same Court




























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