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april 1978

Supreme Court of India · 1978-04-26

SUPERINTENDENT (TECH. I) CENTRAL EXCISE I.D.D.JABALPUR AND vs PRATAP RAI

Citation / case number
SC 1978/90241
Court
Supreme Court of India
Petitioner
SUPERINTENDENT (TECH. I) CENTRAL EXCISE I.D.D.JABALPUR AND
Respondent
PRATAP RAI
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that an order vacating a previous decision 'without prejudice' does not preclude fresh adjudicatory proceedings, as it indicates the prior order was invalid due to a violation of natural justice principles. The Court clarified that such an order does not constitute a final decision on the merits, allowing for new proceedings to be initiated. The appeal was allowed, affirming that the Appellate Collector's order implied the necessity for compliance with natural justice in subsequent hearings.

SUPERINTENDENT (TECH. I) CENTRAL EXCISE I.D.D.JABALPUR AND vs PRATAP RAI · Niyam