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Judiciary

Authority entitled to test facts of case to apply law declared by top court: Supreme Court [Read Judgment]

By LawStreet News Network      28 April, 2023 10:40 PM      0 Comments
Authority entitled to test facts of case to apply law declared by top court: Supreme Court [Read Judgment]

NEW DELHI: The Supreme Court has said that the law declared by the top court is binding on everybody but an authority/court seized with a particular case is required to test the facts of that case in order to come to the conclusion that the law declared by this court is applicable to the case pending before the said authority or Court.

A bench of Justices Krishna Murari and Ahsanuddin Amanullah said, "We have no reason to doubt that the court/authority before whom the proceedings are pending, shall adjudicate the same on its own merits and shall follow the law declared by this Court, if the facts of the case so warrant."

The court dismissed as "misconceived" applications for intervention and clarification sought on behalf of Amit Jahan in a case of 'Vijay Kumar Ghai and others Vs State of West Bengal'.

It noted the applicant who is not a party to the proceedings in 2022 case, which was decided by this court by the order dated March 22, 2022. He sought clarification of the said order solely on the ground that the same may have a bearing on the case of the applicant.

The bench said it found that three criminal prosecutions were launched by the Revenue Department under Sections 132 and 135 of the Customs Act, 1962, against the applicant which in turn were based upon three adjudication proceedings initiated by the department.

A counsel for the applicant contended that in all the three adjudication proceedings, the issue has been decided finally in favour of the applicant by CESTAT. Still the criminal proceedings are continuing and in the light of the judgment of March 22, 2022, those are liable to be quashed.

In the light of the law laid down by this court, the continuation of criminal proceedings are nothing but an abuse of process of law, the counsel claimed.

"We have no hesitation in stating that the application is totally misconceived," the bench said.

It pointed out a perusal of the pleadings go to show that the clarification is being sought that the law laid down by the Court ought not to be restricted to the facts of the case but made applicable to all cases including those pending against the applicant.

In March 22, 2022 judgement, the top court had quashed a cheating case, acting on a plea by Vijay Kumar Ghai and others.

"Having gone through the complaint/FIR and even the charge sheet, it cannot be said that the averments in the FIR and the allegations in the complaint against the appellant constitute an offence under Section 405 & 420 IPC, 1860. Even in a case where allegations are made in regard to failure on the part of the accused to keep his promise, in the absence of a culpable intention at the time of making promise being absent, no offence under Section 420 IPC can be said to have been made out. In the instant case, there is no material to indicate that Appellants had any malafide intention against the Respondent which is clearly deductible from the MOU dated 20.08.2009 arrived between the parties," the bench had said.

 

[Read Judgment]



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