SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(SC) 1479

SUPREME COURT OF INDIA
S.H. KAPADIA, AFTAB ALAM, JJ.
Assistant Commercial Taxes Officer, Bharatpur – Appellant
Versus
Kanta Prasad Sharma – Respondent
Civil Appeal No. 15 of 2010, S.L.P. (C) No. 8253 of 2008
Decided On : 05-01-2010

The importance of considering specific judgments of the Supreme Court in passing orders.

Headnote:

Judgment - Legal Precedents - The court set aside the impugned order and remitted the matter to the High Court for reconsideration in light of specific judgments of the Supreme Court.

Fact of the Case:

The impugned order was passed without considering specific judgments of the Supreme Court.

Finding of the Court:

The court set aside the impugned order and remitted the matter to the High Court for de novo consideration in the light of the specific judgments of the Supreme Court.

Issues: Failure to consider specific judgments of the Supreme Court in the impugned order.

Ratio Decidendi: The impugned order was set aside and the matter was remitted to the High Court for de novo consideration in the light of specific judgments of the Supreme Court.

Final Decision: The civil appeal stands disposed of.

ORDER :

Leave granted.

1. None appears for the respondent, though served.

2. The impugned order has been passed without considering the two judgments of this Court in the cases of Guljag Industries vs. Commercial Taxes Officer, 2007 (7) SCC 269 and Assistant Commercial Taxes Officer vs. Bajaj Electricals Limited, 2009 (1) SCC 308. In the circumstances, impugned order is set aside and the matter is remitted to the High Court for de novo consideration in the light of the afore-stated judgments of this Court.

3. The civil appeal, accordingly, stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top