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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Article 32 of the Constitution
  • Section, no specific section mentioned, of the Constitution (implied by context)
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Article 32 of the Constitution
  • Section, no specific section mentioned, of the Constitution (implied by context)
To access the original judgment, please Sign In or Subscribe.

    P. Ashokan v. Union Of India And Another

    1. On merits, we find no case to entertain this petition under Article 32 of 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 Ltd. v. Registrar General, Supreme Court of India (1996) 3 SCC 114 has ruled as follows:

    “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 can be no question of invoking Article 32 of the Constitution to claim reconsideration of the decision on the basis of its effect in accordance with law. Frequent resort to the decision in Antulay (1988) 2 SCC 602 in such situations is wholly misconceived and impels us to emphasise this fact.”

    2. We are in agreement with such view.

    3. The writ petition is dismissed.

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    P. Ashokan v. Union Of India And Another
    (Feb 6, 1998)