Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Supreme Court's earlier judgment upholding the validity of the entry tax legislation bound all affected parties under Article 141 of the Constitution of India, and whether the mandamus issued by the High Court against enforcement of the Act survived notwithstanding that judgment.
Analysis: The challenge arose from a common High Court judgment in multiple writ petitions attacking the constitutional validity of the entry tax legislation. The Supreme Court held that where numerous petitions are disposed of by a common judgment on identical grounds, a later declaration by the Supreme Court on the validity of the statute is binding on all concerned, not merely on the party to the appeal. The observations in the earlier decision on the effect of not filing appeals against all petitioners were treated as obiter and not as limiting the binding force of the later declaration of law. Once the Act was upheld as constitutionally valid, the basis of the High Court's mandamus disappeared, and the negative direction restraining enforcement could no longer be sustained or enforced.
Conclusion: The Supreme Court held that its earlier judgment validated the statute for all concerned, the High Court's mandamus became ineffective, and the challenge to enforcement failed.