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Sainath Aviotechnics Pvt Ltd vs Union Of India on 9 February, 2024 cites

Union Of India And Others vs Kamlakshi Finance Corporation Ltd. on 24 September, 1991

In a somewhat identical matter, a Division Bench of this Court in Ganesh Benzoplast Limited Vs. Union of India, 2020 (374) ELT 552 referred to the decision of the Supreme Court in Kamlakshi Finance Corporation Limited (supra) and held that non-compliance to Orders of the appellate authority by the subordinate original authority is disturbing to say the least as it strikes at the very root of administrative discipline 14&15_WPST97994&97997_20.doc and may have the effect of severely undermining the efficacy of the appellate remedy provided to a litigant under the statute. Principles of judicial discipline require that the Orders of the higher appellate authorities should be Page 8 of 10 9th February, 2024 ::: Uploaded on - 23/02/2024 ::: Downloaded on - 26/02/2024 01:54:37 ::: 909 WPL34193-23.DOC followed unreservedly by the subordinate authorities. In the facts and circumstances of that case, Respondentss were directed to release the goods forthwith and without any delay."
Supreme Court of India Cites 1 - Cited by 397 - S Ranganathan - Full Document

M/S Ganesh Benzoplast Ltd. vs Union Of India & Ors. on 4 December, 2015

In a somewhat identical matter, a Division Bench of this Court in Ganesh Benzoplast Limited Vs. Union of India, 2020 (374) ELT 552 referred to the decision of the Supreme Court in Kamlakshi Finance Corporation Limited (supra) and held that non-compliance to Orders of the appellate authority by the subordinate original authority is disturbing to say the least as it strikes at the very root of administrative discipline 14&15_WPST97994&97997_20.doc and may have the effect of severely undermining the efficacy of the appellate remedy provided to a litigant under the statute. Principles of judicial discipline require that the Orders of the higher appellate authorities should be Page 8 of 10 9th February, 2024 ::: Uploaded on - 23/02/2024 ::: Downloaded on - 26/02/2024 01:54:37 ::: 909 WPL34193-23.DOC followed unreservedly by the subordinate authorities. In the facts and circumstances of that case, Respondentss were directed to release the goods forthwith and without any delay."
Delhi High Court Cites 2 - Cited by 6 - G S Sistani - Full Document

Collector Of Customs, Bombay vs M/S. Krishna Sales (P) Ltd. on 9 September, 1993

17. Following the above decision, Supreme Court again in Collector of Customs Vs. Krishna Sales (P) Ltd., 1994 Supp (3) SCC 73, once again reiterated the proposition that mere filing of an appeal does not operate as a stay or suspension of the Order appealed against. It was pointed out that if the authorities were of the opinion that the goods ought not to be released pending the appeal, the straight-forward course for them is to obtain an Order of stay or other appropriate direction from the Tribunal or the Supreme Court, as the case may be. Without obtaining such an Order they cannot refuse to implement the Order under appeal.
Supreme Court of India Cites 0 - Cited by 54 - Full Document
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