Green View Tea And Industries vs Collector, Golaghat, Assam And Anr. on 17 February, 2004
Corporation cannot be allowed to agitate the issue by resorting
to one remedy after the other in the endless process. The
finality of judgment is absolutely imperative and great sanctity
is attached to it. It is an onerous duty of the Court to ensure that
undue enrichment is not drawn by the losing party by invoking
process of the Court, even after finality of some stage of
litigation. While curbing the aforesaid tendency, the Court
would be fully justified in resorting to punitive action when the
legal process is found to have been abused. The doctrine of
stare decisis is very valuable principle of precedent which
cannot be departed in ordinary circumstances. In the instant
case, the litigation started since long and after crossing different
stages particularly the decisions were made by the Writ Courts
in favour of the employees. The appellant-Corporation cannot
be permitted to rake up the issue time and again in utter
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disregard to the doctrine of stare decisis. The law laid down in
Manganese Ore (India) Ltd. Vs The Regional Assistant
Commissioner of Sales Tax, Jabalpur (1976) 4 SCC 124 and
Green View Tea & Industries vs Collector, Golaghat and
another, 2002(2) RCR (Civil) 362 can be relied in this context.