R. Vijayakumar And Ors. vs Commissioner Of Excise And Ors. on 5 November, 1993
3 We have commented on the brevity of the impugned Judgment for the
reason that the learned Single Judge of the Kerala High Court in O.P. No.
18145 of 1994 had, in its detailed Judgment, considered various legal
aspects including the topicality of the maxim ‘Actus curiae neminem
gravabit’, that an act of Court prejudices no one, as well as the
pronouncement of this Court in R.Vijaykumar v. Commissioner of Excise
1993(4) SCALE 386, which indubitably held the field and was facially in
favour of the Appellant. It seems to us that the attention of the Division
Bench was not drawn to this binding precedent, since otherwise its
conclusion would in all likelihood have been diametrically different.