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1 - 10 of 17 (1.05 seconds)The Customs Tariff Act, 1975
State Of Uttaranchal vs Balwant Singh Chaufal & Ors on 18 January, 2010
12. The Hon'ble Apex court after referring to its judgment in the case of State of Uttaranchal v. Balwant Singh Chaufal , in the case of Tehseen Poonawalla v. Union of India, (2018) 6 SCC 72 held as under:-
Article 14 in Constitution of India [Constitution]
Section 54 in The Central Goods and Services Tax Act, 2017 [Entire Act]
Section 9 in Goods and Services Tax (Compensation to States) Act, 2017 [Entire Act]
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
In BALCO Employees' Union v. Union of India [(2002) 2 SCC 333 : AIR 2002 SC 350] this Court recognised that there have been, in recent times, increasing instances of abuse of public interest litigation. Accordingly, the Court has devised a number of strategies to ensure that the attractive brand name of public interest litigation should not be allowed to be used for suspicious products of mischief. Firstly, the Supreme Court has limited standing in PIL to individuals "acting bona fide". Secondly, the Supreme Court has sanctioned the imposition of "exemplary costs" as a deterrent against frivolous and vexatious public interest litigations. Thirdly, the Supreme Court has instructed the High Courts to be more selective in entertaining the public interest litigations."
Tehseen Poonawalla vs Union Of India on 19 April, 2018
13. Applying the ratio as well as the tests laid down by the Hon'ble Apex court for entertaining Public Interest Litigation, I am of the considered opinion that the instant petition is not in public interest litigation and has been filed at the behest of an interested party. The issue raised in the petition is also not a public interest, in as much as such notifications in the field of taxation can very well be challenged by the persons aggrieved by the same, and further, there are various safeguards provided in the GST Act to take care of such situations and even to rectify any order passed by the assessing authority, by the superior authority.
Eicher Motors Ltd. And Anr vs Union Of India And Ors. Etc on 28 January, 1999
"5.04.In the case of Eicher Motors Ltd. (supra), the Apex Court has observed and held as under:-