1995 (1) TMI 74

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....ing their factory at Sarangpur district Rajgarh in the State of Madhya Pradesh. They manufacture Mild Steel Pipes and Tubes. The respondent No. 3 (Collector) and respondent No. 5 (Superintendent) passed the orders on 10-9-1994 and 17-10-1994 demanding payment of excise duty. Aggrieved, the petitioners had filed the writ petition in this court earlier. 3.This is, thus, second inning. Earlier Petit....

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....y orders on applications for stay are required to be passed with due application of mind. He is extremely critical of observance at infant stage of the proceedings that order was "either perverse or arbitrary." He further urged that issue was not required to be 'prejudged' in this manner. 7.In this pursuit, he submitted that the appellate authority was under legal obligation to consider the conte....

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.... New Delhi; (1978) 2 SCR 272 it was held as under : "Independently of natural justice, judicial review extends to an examination of the order to its being perverse, irrational, bereft of application of the mind or without any evidentiary backing." 10.Lord Mansfield stated in John Wilkes case in classic terms in (1770) 4 Burr, 2528 that discretion means sound discretion guided by law and governed....