TMI Blog2015 (4) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... onditions, took a view that, in cases where the commencement of the lis was prior to the introduction of the amendment to the Customs Act with effect from August 2014, the assessee's right of appeal, as per the erstwhile provisions of law, would not be effected by the provisions introduced by the amendment of 2014. In the case of the petitioner also, it is seen that the commencement of the lis was prior to the introduction of the amendment to the Customs Act with effect from August 2014. - Order recalled. - R.P. No. 273 of 2015 in W.P.(C) No. 5061 of 2015 - - - Dated:- 13-3-2015 - A. K. Jayasankaran Nambiar,J. For the Petitioner : Sri C P Mohammed Nias For the Respondent : Sri Thomas Mathew Nellimoottil, SC, CB Ex ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that date. 3. In the review petition, the petitioner contends that, the challenge of the petitioner against Ext.P8 order that was passed by the respondent was not specifically dealt with in the judgment disposing the writ petition. It is for recording the contentions of the petitioner against Ext.P8 order, and dealing with the same on merits, that the petitioner has preferred the review petition. 4. I have heard Shri.C.P.Muhammed Niyas, the leaned Counsel for the petitioner and Sri.Thomas Mathew Nellimoottil, the learned standing counsel for the respondent. 5. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find that, the specific contentions of the petitioner, with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of this Court dated 18.02.2015, and dispose the writ petition itself with the following observations and directions; i) It is settled law that the institution of a suit carries with it an implication that, all rights of appeal then in force, are preserved to the parties thereto till the rest of the career of the suit and, further, that the right of appeal that is vested is to be governed by the law prevailing at the date of institution of the suit or proceedings, and not by the law that prevails at the date of its decision or at the date of filing of the appeal. (See: Garikapati Veeraya v. N.Subbiah Choudhry and Other [AIR 1957 SC 540]; Messrs Hoosein Kasam Dada (India) Ltd. v. The State of Madhya Pradesh and Others, [AIR 1953 SC 221] ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
