Lis Deepasthambham Project & Anr. vs Sri Mammen Koshy on 12 March, 2014
NATIONAL
CONSUMER DISPUTES REDRESSAL COMMISSION
NEW
DELHI
REVISION PETITION ... 2012 of
the Kerala State Consumer Disputes Redressal
Commission, Thiruvananthapuram)
1.
LIS Deepasthambham, Project,
Palackal Court, Near Shenoys,
M.G. Road, Cochin,
Rep. by Managing
proceedings in this case, it is admitted fact that there is no lis between appellant and Revenue as regard duty being not payable ... assesse and borne by him and if there is no contest or lis and hence no adversarial assessment ordered. Hence non filing of appeal against
PANDEY
MEMBER
Mp.
v It is settled principle of law, that every lis,
should normally be decided, on merit, than by default.
v The procedure ... stay, in the way of the Commission, in
granting substantial justice. Every lis, should normally be decided, on merits,
than by default. The procedure
such order irrespective of his
locus standi or his interest in the lis.
45. This brings us to an ancillary question as to what
such order irrespective of his
locus standi or his interest in the lis.
45. This brings us to an ancillary question as to what
such order irrespective of his
locus standi or his interest in the lis.
45. This brings us to an ancillary question as to what
such order irrespective of his
locus standi or his interest in the lis.
45. This brings us to an ancillary question as to what
judgment which deals with issues strictly
between the parties to the lis and determines those issues by its
judgment, affecting only the parties ... lis. On the other hand, a
judgment in rem deals with larger issues of greater public importance
which are not individual-oriented. An applicant
judicata or issue Estoppel there should be
determination of issue or lis or otherwise of a particular
cause of action.
35. As indicated above ... withdrawn; there was no determination of lis or
existence or otherwise of a particular cause of action.
Therefore, the issue of Res-judicata or issue
held that when there is no lis between the assessee and the Revenue at the time of payment of duty, the assessee will ... exemption notification which holds the position that there is no lis between the assessee and the Revenue. The appellant is therefore, not required to challenge
