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        Case ID :

        2019 (4) TMI 2066 - HC - Indian Laws

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        Court grants withdrawal of petition citing Supreme Court judgment, refrains from hearing certain arguments, emphasizes judicial propriety. The court granted the petitioner's request to withdraw the petition based on a recent Supreme Court judgment, disposing of the petition and pending ...
                      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 grants withdrawal of petition citing Supreme Court judgment, refrains from hearing certain arguments, emphasizes judicial propriety.

                            The court granted the petitioner's request to withdraw the petition based on a recent Supreme Court judgment, disposing of the petition and pending application. Due to related issues pending before the Supreme Court, the court refrained from hearing arguments on certain matters, emphasizing judicial propriety. The petitioner reserved the right to seek remaining relief from the appropriate court, with the court granting leave for withdrawal to pursue further legal action within the law.




                            Issues involved:
                            1. Petitioner seeks to withdraw the petition based on a recent Supreme Court judgment.
                            2. Judicial propriety requires refraining from hearing arguments on certain issues pending before the Supreme Court.
                            3. Petitioner reserves the right to approach the competent court for remaining relief.

                            Analysis:

                            1. The petitioner requested to withdraw the petition citing a recent judgment by the Supreme Court dated 27.03.2019 in a specific case. The petitioner's counsel mentioned not pressing prayer (a) in light of this judgment. The court granted leave for withdrawal, disposing of the petition along with the pending application.

                            2. The court had previously indicated that, due to the Supreme Court's involvement in a related issue raised by the petitioner in the present petition, it would be appropriate to refrain from hearing arguments on the subject matter of prayers (b) and (c). The issue in question was also the subject of a case titled "The Directorate of Enforcement vs. Karti P. Chidambaram" pending before the Supreme Court. Therefore, the court emphasized judicial propriety in awaiting a decision by the Supreme Court on the matter.

                            3. The petitioner's counsel acknowledged the judgment of the Supreme Court in the mentioned appeal and the pending status of the case SLP (Crl.) 9360/2018. Considering these factors, the petitioner decided to withdraw the present petition while reserving the right to seek remaining relief from the appropriate court with jurisdiction. The court granted leave as requested, allowing the petitioner to pursue further legal action as necessary within the bounds of the law.
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                            ActsIncome Tax
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