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february 2008

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.

T.A.HAMEED vs M. VISWANATHAN · Niyam