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1 - 10 of 20 (0.50 seconds)Article 226 in Constitution of India [Constitution]
Collector Of Customs, Calcutta vs East India Commercial Co. Ltd on 30 April, 1962
42. The Hon'ble Supreme Court in ABC Papers Limited (supra) observed that a
judicial remedy must be effective, independent and at the same time certain.
Certainty of forum would involve unequivocal vesting of jurisdiction to
adjudicate and determine the dispute in a named forum. It was further held
that while interpreting a judicial remedy, a Constitutional Court should not
adopt an approach where identity of the appellate forum would be
contingent upon or vacillate subject to the exercise of some other power.
Such an interpretation was held to be clearly against the interest of justice.
Article 260 in Constitution of India [Constitution]
The Central Excise Act, 1944
The Income Tax Act, 1961
Section 7I in The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952 [Entire Act]
Section 18 in The Central Excise Act, 1944 [Entire Act]
Kunhayammed & Ors vs State Of Kerala & Anr on 19 July, 2000
23. The impact of an order rejecting a petition seeking grant of Special Leave to
Appeal under Article 136 of the Constitution of India arose for consideration
before the Hon'ble Supreme Court in Kunhayammed (supra). The Hon'ble
Supreme Court held that where an appeal or revision is provided against an
order passed by a Court, tribunal, or any other authority before such
superior forum and such superior forum modifies, reverses or affirms the
decision put in issue before it, the decision by the subordinate forum merges
in the decision by the superior forum and it is the latter which subsists,
remains operative and is capable of enforcement in the eye of law. It has
been further held that an order refusing special leave to appeal may be a
non-speaking order or a speaking one and in either case it does not attract
the doctrine of merger. There is no quarrel to the aforesaid proposition of
law. The said decision is, however, not an authority for the proposition that
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2025:CHC-AS:1705
the High Court within whose territorial limits the Appellate Tribunal is
located would have the power of superintendence under Article 227 of the
Constitution of India if the Appellate Tribunal exercises appellate
jurisdiction over original Tribunals located beyond its territorial limits.
M/S. Ambica Industries vs Commissioner Of Central Excise on 18 May, 2007
In view of the
decisions of the Hon'ble Supreme Court in the case of Ambica Industries
(supra), Calcutta Gujarati Education Society (supra), Siddhartha S.
Mookerjee (supra) and Navin Jain (supra), the decision in the case of
Sabbam Hari (supra) cannot be said to be a binding precedent upon this
Court.