2015 (4) TMI 692

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....ner : Anoop Kumar For The Respondent : C.S.C. ORDER Heard Sri Bharat Ji Agrawal, learned Senior Counsel for the petitioner and Sri H.P. Srivastava, Addl. Chief Standing Counsel for the State. This petition questions the correctness of the order passed by respondent No.1 on 14.8.2014 and the subsequent order issued by Excise Commissioner in relation thereto vis-a-vis the reservation in ....

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.... Pradesh Sheera Niyantran Adhiniyam, 1964. Sri Bharat Ji Agrawal has also relied on the judgment in the case of Income-tax Officer ALLEPPY Vs. M.C. Ponnoose and others etc., reported in (1969) 2 SCC 351, to substantiate his submission to the effect that an executive fiat cannot override the existing rule nor it can be invoked for the purpose of giving retrospective effect to such an order. S....

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....rawal, learned Senior Counsel, is that a Special Leave Petition has been filed against the said judgment, being Special Leave petition No.29016 of 2012, wherein the following interim order has been passed:- "Mr. Ardhendumauli Kumar Prasad, accepts notice on behalf of all the respondents and prays for time to file counter-affidavit. Let the needful be done within four weeks. Rejoinder-affidavit,....

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.... be obiter is not in conformity with the pleadings that were there on record in the writ petition as well as in the grounds taken before the High Court as well as before the Apex Court. So far as the issue of the effect of the judgment in Dwarikesh Sugar Industries (supra) is concerned, we are of the opinion that we cannot review the said judgment, and it is a precedent of binding nature so lon....