P. ASHOKAN v. UNION OF INDIA AND ANR.

vidhipandit.com/case/sc-1998-1-717-718

Supreme Court of India (SC) · decided 1998(year only) · M.M. PUNCHHI, B.N. KIRPAL and M. SRINIVASAN · judgment

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[1998] 1 S.C.R. 717

Headnote — Supreme Court Reports (editorial summary, not part of the judgment)

Reporter's headnote (continued) and case details

P. ASHOKAN A , •. .... '1' v. UNION OF INDIA AND ANR. ' ' FEBRUARY 6, 1998

B C'('

Constitution of India, 1950 :

Article 32-Decision attaining finality-Reconsideration of-Held, cannot be claimed on the basis of its effect in accordance with law-On c merits, no case to entertain the petition under Article 32 made out.

Khoday Distilleries Limited and Anr. v. The Registrar General, Supreme . Court India, [1996] 3 SCC page 114. D ( CIVIL ORIGINAL JURISDICTION: Writ Petition (c) No. of 1997. Dairy No. 20068of1997.

(Under Article 32 of the Constitution of India) E Manoj Swamp, Ms. Lalita Kohli and Ms. M. Swamp for Mis. Manoj Swamp & Co. for the Petitioner.

Judgment

The following Order of the Court was delivered : F -·' On merits, we find no case to entertain this petition under Article 32 of T the Constitution. Besides a three Judge Bench decision of this Court, authored by J.S. Verma, J. (as Hon'ble the Ex-Chief Justice then was) in Khoday Distilleries Limited and Anr. v. The Rejistrar General, Supreme Court of India, [1996] 3 SCC The Page 114 has ruled as follows: G

T- "In a case like the present, where in substance the challenge is to the correctness of a decision on merits after it has become final, there cari be no question of invoking Article 32 of the Constitution to claim reconsideration of the decision on tlie basis of its effect in accordance H 717

p. 718

A with law. Frequent resort to the decision in Antulay in such situations is wholly misconceived and impels us to emphasis tl1is fact." " ' We are in agreement with such view.

B . ' The writ petition is dismissed. Jc R.P. Petition dismissed.

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