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        Case ID :

        2009 (10) TMI 918 - HC - Customs

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        Court sets aside orders, grants liberty to respondents within boundaries. Judgment universally applied, annulling impugned orders. Seek legal remedies if aggrieved. The High Court of Bombay, following a Supreme Court judgment, set aside previous orders and granted liberty to respondents to proceed within specified ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Court sets aside orders, grants liberty to respondents within boundaries. Judgment universally applied, annulling impugned orders. Seek legal remedies if aggrieved.

                              The High Court of Bombay, following a Supreme Court judgment, set aside previous orders and granted liberty to respondents to proceed within specified boundaries. The Court noted that the judgment was universally applied post its issuance, including to pending cases, effectively annulling impugned orders. Petitioners, although served notices in line with the judgment, were advised to seek legal remedies if aggrieved, irrespective of the Writ Petition's outcome. The Court found no need for further directives and disposed of the Writ Petition.




                              Issues involved: Interpretation of Supreme Court judgment, application of judgment to pending cases, liberty granted to respondents, aggrievement of petitioners by notices served post judgment.

                              The High Court of Bombay dealt with a case where several Writ Petitions were filed, some of which were decided against the petitioners. The petitioners then approached the Supreme Court, which, on 8th July 2009, set aside the High Court's judgment and the impugned orders, granting liberty to the respondents to proceed afresh within the boundaries of the Supreme Court's decision. The petitioners contended that their case was not adjudicated by the High Court and thus not part of the Supreme Court's Special Leave Petition (S.L.P.). The Court acknowledged these facts, noting that post the Supreme Court's ruling, the High Court applied the judgment universally, even to pending cases like the present petitioners', effectively revoking the impugned orders. Consequently, the Court deemed it unnecessary to issue any further directives. However, the petitioners were served notices in line with the Supreme Court's judgment. They were advised that if they felt aggrieved by these notices, they could seek appropriate legal remedies, regardless of the outcome of the Writ Petition. Ultimately, the Writ Petition was disposed of by the Court.
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                              ActsIncome Tax
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