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september 2002

Supreme Court of India · 2002-09-09

Commr. Of Cus. vs Central Manufacturing Tech. Institute

Citation / case number
2002(146)ELT27(SC)
Court
Supreme Court of India
Petitioner
Commr. Of Cus.
Respondent
Central Manufacturing Tech. Institute
Bench
S. Rajendra Babu, P. Venkatarama Reddi

Judgment text excerpt

The Supreme Court addressed whether a High Court can dismiss an application for a reference of a question of law by expressing views on the merits of the underlying Tribunal order. The Court held that the High Court erred in dismissing the application based on merits rather than following the prescribed legal procedure for determining the existence of a question of law. Consequently, the order was set aside and the matter was remitted to the High Court for fresh examination.

Commr. Of Cus. vs Central Manufacturing Tech. Institute · Niyam