TaxTMI 
TaxTMI 
2004 (8) TMI 426
X X X X Extracts X X X X
X X X X Extracts X X X X
....es, for the Appellant. S/Shri Gaurav Aggarwal for Prashant Kumar, Vishnu Sharma for P. Parmeswaran, Advocates, for the Respondent. [Order per : Arijit Pasayat, J.]. - Leave granted. 2. Respondent Nos. 1 to 3 are facing trial for alleged commission of offences punishable under Section 120-B of the Indian Penal Code, 1860 (in short 'the I.P.C.') read with Section 5(1)(d) of the Preven....
X X X X Extracts X X X X
X X X X Extracts X X X X
....would not cause any injury to public interest and it would rather facilitate the court to arrive at an appropriate decision. It was noted that in such type of action proceedings, the court cannot be kept in dark, and in the administration of justice, the court should have fullest possible access to all relevant materials. The order was challenged before the Punjab and Haryana High Court by filing ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... in view of the decision in R.K. Jain v. Union of India [AIR 1993 SC 1769], the appellant has no case. The applicability of the said decision to the facts of the case has not been discussed. 4. Learned counsel for respondent Nos. 1 to 3 accused on the other hand submitted that merely referring to Section 124 of the Evidence Act without indicating as to how public interest would have been aff....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ence between conclusions in two cases. Disposal of cases by merely placing reliance on a decision is not proper. Precedent should be followed only so far as it marks the path of justice, but you must cut out the dead wood and trim off the side branches else you will find yourself lost in thickets and branches, said Lord Denning, while speaking in the matter of applying precedents. The impugned ord....