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october 1964

Supreme Court of India · 1964-10-07

DEVILAL MODI, PROPRIETOR, M/S. DALURAM PANNALAL MODI vs SALES TAX OFFICER, RATLAM AND OTHERS

Citation / case number
SC 1964/90239
Court
Supreme Court of India
Petitioner
DEVILAL MODI, PROPRIETOR, M/S. DALURAM PANNALAL MODI
Respondent
SALES TAX OFFICER, RATLAM AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the principle of constructive res judicata applies to writ petitions, thereby preventing the appellant from raising additional contentions in a second writ petition after an initial dismissal. The Court emphasized that while fundamental rights must be protected, the finality of judgments from competent courts must also be respected. Consequently, the appeal was dismissed, affirming the High Court's decision to reject the second writ petition challenging the same sales tax assessment order under the Madhya Bharat Sales Tax Act, 1950.

DEVILAL MODI, PROPRIETOR, M/S. DALURAM PANNALAL MODI vs SALES TAX OFFICER, RATLAM AND OTHERS · Niyam