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december 2008

Supreme Court of India · 2008-12-17

Dhariwal Tobaco Products Ltd.& Ors vs State Of Maharashtra & Anr

Citation / case number
AIR 2009 SUPREME COURT 1032
Court
Supreme Court of India
Petitioner
Dhariwal Tobaco Products Ltd.& Ors
Respondent
State Of Maharashtra & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Cyriac Joseph

Judgment text excerpt

The Supreme Court addressed whether an application under Section 482 of the Code of Criminal Procedure, 1973 can be dismissed solely on the basis of an alternative remedy under Section 397. The Court held that the High Court erred in rejecting the application without considering the merits, emphasizing that the jurisdiction under Section 482 should not be exercised mechanically. The Court directed that the matter be reconsidered by the High Court, keeping in mind similar pending cases, thus allowing the appellants to pursue their claims further.

Dhariwal Tobaco Products Ltd.& Ors vs State Of Maharashtra & Anr · Niyam