TMI Blog2017 (11) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... a case where the contentions urged have been dealt with and answered, it is neither permissible for the litigant to thereafter seek liberty of this Court to be relegated to pursue statutory remedies and thereby to get the whole judgment itself nullified - appeal dismissed - decided against appellant. - WA. No. 1616 of 2017, IN WP(C).31801/2014 - - - Dated:- 11-10-2017 - ANTONY DOMINIC AND DAMA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the learned Senior Counsel for the appellant, the challenge raised in the writ petition against Ext.P3 was on jurisdictional issues and therefore, even if the learned single Judge thought it not a fit case for interference within the limited jurisdiction under Article 226 of the Constitution of India, the learned single Judge ought to have relegated the appellant to pursue the statutory rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r compounding, proceedings for levy of penalty under Section 67 of the KVAT Act could not have been initiated; and that in a case of compounding, once the application made by the dealer is accepted, there comes into existence a contract binding on both sides, preventing one of the parties from going back on the contract and levying penalty on the dealer. Thereafter, the learned single Judge has al ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
