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

2023 Supreme(Raj) 1336

PUSHPENDRA SINGH BHATI
Excise Commissioner, Udaipur – Appellant
Versus
Vimal Jain W/o. Subhash Chand Jain – Respondent


Advocates Appeared:
For the Petitioner: Mr. Praduman Singh.
For the Respondent: Mr. Himanshu Sharma.

ORDER :

1. Since all the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.17477/2022, while treating the same as a lead case; rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

1.1. The prayer clauses read as under :

    “A. The order dated 07.06.2022 (Annex.2) passed by the learned Tax Board, Ajmer may kindly be quashed and set aside and the appeal so filed by the respondent may kindly be rejected.

B. Any other relief which this Hon’ble Court deems fit in the interest of the Petitioner may kindly be granted.

C. Cost of the writ petition may kindly be awarded to the petitioner.”

2. Brief facts, which emanates from the pleadings, are that on 04.07.2015, a tanker (hereinafter also referred to as ‘vehicle in question’) of the respondent was inspected by the District Excise Officer (Distillery), Udaipur, during the course of which, theft of the spirit was found.

2.1

          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 telegram-icon
          whatsapp-icon Back to top