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february 2008

Supreme Court of India · 2008-02-21

T.A. Hameed vs M. Viswanathan

Citation / case number
AIRONLINE 2008 SC 559
Court
Supreme Court of India
Petitioner
T.A. Hameed
Respondent
M. Viswanathan
Bench
A.K.Mathur, Altamas Kabir

Judgment text excerpt

The Supreme Court dismissed the appeal as infructuous, holding that the Full Bench of the Kerala High Court erred in deciding the merits of the case after answering a reference instead of remitting it back to the Division Bench. The Court cited the principles established in Kesho Nath Khurana Vs. Union of India and Kerala State Science & Technology Museum Vs. Rambal Co., emphasizing that a larger bench should only answer the reference and not decide on merits. Consequently, the appeal was dismissed with no order as to costs.

T.A. Hameed vs M. Viswanathan · Niyam