Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2017

Supreme Court of India · 2017-09-12

CHANDPAKLAL RAMANLAL SHAH vs RELIANCE INDUSTRIES LTD.

Citation / case number
SC 2016/30365
Court
Supreme Court of India
Petitioner
CHANDPAKLAL RAMANLAL SHAH
Respondent
RELIANCE INDUSTRIES LTD.
Author
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
Bench
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court held that the omission of Rule 56A of the Central Excise Rules, 1944, does not invalidate the charge under Section 9 of the Central Excises and Salt Act, 1944, as the substantive provision remains intact. The Court clarified that the omission of a rule is not equivalent to a repeal and that Section 6 of the General Clauses Act, 1897 does not apply to the omission of a rule. The High Court's decision to discharge the respondent was set aside, allowing the prosecution to continue.

CHANDPAKLAL RAMANLAL SHAH vs RELIANCE INDUSTRIES LTD. · Niyam