- Court
- Supreme Court of India
- Decided
- 6 February 1998
- Bench
- M. M. Punchhi, B. N. Kirpal, M. Srinivasan
- Result
- Petition dismissed.
Headnote
C'('
Constitution of India, 1950 :
Article 32-Decision attaining finality-Reconsideration of-Held, cannot be claimed on the basis of its effect in accordance with law-On merits, no case to entertain the petition under Article 32 made out.
Khoday Distilleries Limited and Anr. v. The Registrar General, Supreme Court . India, [1996] 3 SCC page 114.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
T On merits, we find no case to entertain this petition under Article 32 of
the Constitution. Besides a three Judge Bench decision of this Court, authored by J.S. Verma, J. (as Hon'ble the Ex-Chief Justice then was) in Khoday Distilleries Limited and Anr. v. The Rejistrar General, Supreme Court of India, [1996] 3 SCC The Page 114 has ruled as follows:
T-
"In a case like the present, where in substance the challenge is to the correctness of a decision on merits after it has become final, there cari be no question of invoking Article 32 of the Constitution to claim reconsideration of the decision on tlie basis of its effect in accordance
with law. Frequent resort to the decision in Antu lay in such situations is wholly misconceived and impels us to emphasis tl1is fact." We are in agreement with such view .
.
The ' writ petition is dismissed.
Jc
Case details
Arising from
CIVIL ORIGINAL JURISDICTION: Writ Petition (c) No. of 1997. Dairy No. 20068of1997.
(Under Article 32 of the Constitution of India)
Appearances
Manoj Swamp, Ms. Lalita Kohli and Ms. M. Swamp for Mis. Manoj Swamp & Co. for the Petitioner.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.