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december 2008

Supreme Court of India · 2008-12-17

DHARIWAL TOBACO PRODUCTS LTD. vs STATE OF MAHARASHTRA

Citation / case number
SC 2007/10850
Court
Supreme Court of India
Petitioner
DHARIWAL TOBACO PRODUCTS LTD.
Respondent
STATE OF MAHARASHTRA
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. vs STATE OF MAHARASHTRA · Niyam