Supreme Court of India · 2008-02-21
T.A.HAMEED vs M. VISWANATHAN
- Citation / case number
- SC 2000/16906
- Court
- Supreme Court of India
- Petitioner
- T.A.HAMEED
- Respondent
- M. VISWANATHAN
- Author
- ALTAMAS KABIR A.K.MATHUR
- Bench
- ALTAMAS KABIR A.K.MATHUR
Judgment text excerpt
The Supreme Court held that the Full Bench of the Kerala High Court erred in deciding the merits of a case after answering a reference, contrary to the principles established in Kesho Nath Khurana v. Union of India (1981) and Kerala State Science & Technology Museum v. Rambal Co. (2006). The Court emphasized that the Full Bench should have remitted the matter back to the Division Bench for a decision on merits after addressing the reference. Consequently, the appeal was allowed, and the Full Bench's order was set aside.