Contact us   Feedback   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

Effect of in limine dismissal of Special Leave Petition (SLP) by the Supreme Court and Filing of Review Petition in Supreme Court

Effect of in limine dismissal of Special Leave Petition (SLP) by the Supreme Court and Filing of Review Petition in Supreme Court - Central Excise - F.No.276/114/2015-CX.8A - Dated:- 9-2-2016 - F. No. 276/114/2015-CX.8A Ministry of Finance Department of Revenue Central Board of Excise & Customs (Legal Cell) 'C' Wing, 5th Floor, HUDCO-VISHALA Building Bhikaji Cama Place, R.K. Puram, New Delhi-66: dated the 09.02.2016. INSTRUCTION To, 1. All Principal Chief Commissioners/Chief Commissi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ission or any discussion by the Supreme Court. There is doubt relating to whether on dismissal of SLP in limine' the question of law posed before the Supreme Court remains open or the doctrine of merger is applicable. There are also doubts relating to filing of Review Petition before the Supreme Court. The issues have been examined by the Board. 2. The Apex Court in Kunhayammed a. State of Kerala 2001 (129) E.L.T. 11 (S.C.) has dwelt extensively upon the aspect as to when a decision of the C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reasoned order, there is still no-merger but rule of judicial discipline and declaration of law under Article 141 of the Constitution will apply. The order of Supreme Court would mean that it has declared the law and in that light the case was considered not fit for grant of leave. Once leave is granted but SLP converted into appeal is dismissed with or without reasons, merger results and law is declared. It is no longer permissible to move the High Court by review and no Court, Tribunal or Auth .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

made by Parliament or any rules made under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.' 4. part VIII, Order XL of the Supreme Court Rules, 1966 states that the Supreme Court may review its judgment in a civil proceeding on the ground mentioned in Order XLVII, Rule I of the Civil procedure Code i.e. the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge or could n .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in Kamlesh Verma vs. Mayawati & Ors. (Review Petition No. 453/2012 in Writ petition (CRL) 135/2008) vide order dated 08.08.2013 has laid down the following principles: "(A) when the Review will be maintainable (i) Discovery of new and important matter or evidence which, after the exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him; (ii) Mistake or error apparent on the face of the record; (iii) Any other sufficient reason The words &quo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version