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february 2003

Supreme Court of India · 2003-02-06

NARAYAN MISHRA vs PRAMOD KUMAR GUPTA .

Citation / case number
SC 2002/313
Court
Supreme Court of India
Petitioner
NARAYAN MISHRA
Respondent
PRAMOD KUMAR GUPTA .
Author
SANTOSH HEGDE
Bench
N SANTOSH HEGDE & B P SINGH.

Judgment text excerpt

The Supreme Court held that the appellant, a Commercial Tax Officer, acted without following due process under the Madhya Pradesh General Sales Tax Act, 1958, leading to the wrongful attachment of goods belonging to the respondent. The Court found that the appellant could not claim protection under Section 48 of the Act as his actions were not bona fide. The Court upheld the lower courts' decisions, imposing a cost of Rs. 5,000 on the appellant but limited further directions against him, emphasizing the need for justice while considering the appellant's young career.

NARAYAN MISHRA vs PRAMOD KUMAR GUPTA . · Niyam