Supreme Court of India · 2010-05-03
GOA GLASS FIBRE LTD. vs STATE OF GOA
- Citation / case number
- SC 2002/5766
- Court
- Supreme Court of India
- Petitioner
- GOA GLASS FIBRE LTD.
- Respondent
- STATE OF GOA
- Author
- R.V. RAVEENDRAN,H.L. DATTU, , ,
- Bench
- R.V. RAVEENDRAN,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court examined the constitutional validity of 'The Goa (Prohibition of Further Payment and Recovery of Rebate Benefits) Act, 2002', challenging its compliance with Article 14 and Article 19(1)(g) of the Constitution. The Court held that the Act impermissibly seeks to nullify its prior judgment and that of the High Court, violating the principle that the legislature cannot nullify a court's judgment without addressing the underlying invalidity. The Court declared the Act unconstitutional, affirming the rights of the petitioners under Article 136 and emphasizing the separation of powers.