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1962 (11) TMI 52 - SC - Central ExciseWhether the rule can be said to be valid and the practice prevailing irregular inasmuch as in some cases security may perhaps have been demanded from the petitioner without full examina- tion as to the special features of the case? Whether the rule cannot be sustained in so far as it vests the discretion in the highest Court of this country and can be used only in cases where for reasons like those contemplated by Order 25 r. 1 & 2 and 0.41 r. 10 an order of security is made? Held that:- It is true that if the discretion is exercised by the Court in favour of impecunious petitioners and orders for security are not passed in their cases, no hardship will be caused to them. But it seems to us that what would be left to the discretion of the Court on this construction of the rule, is really a matter of the right of impecunious petitioners under Art. 32. That is why we think that the impugned rule in so far as it relates to the giving of security cannot be sustained. The petition is allowed and the order passed against the petitioners on December 12, 1961, calling upon them to furnish security of ₹ 2,500/- is set aside.
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