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august 1990

Supreme Court of India · 1990-08-17

UNION OF INDIA AND ANR. vs PARAS LAMINATES (P) LTD.

Citation / case number
SC 1990/77039
Court
Supreme Court of India
Petitioner
UNION OF INDIA AND ANR.
Respondent
PARAS LAMINATES (P) LTD.
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that Section 129-C of the Customs Act, 1962 empowers the President of the Tribunal to constitute larger Benches to resolve conflicts in opinion among members. The Court clarified that while a Tribunal's jurisdiction is limited to statutory powers, it possesses incidental powers necessary for effective functioning. The Court allowed the appeal, affirming that the President's authority to refer cases to a larger Bench is essential for the Tribunal's healthy operation, even when earlier decisions are in doubt.

UNION OF INDIA AND ANR. vs PARAS LAMINATES (P) LTD. · Niyam