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1987 JTR(SC) 265
1987 Supp SCC 710 ; 1988 SCC(Tax) 116 ; 1987 65 STC 430
SUPREME COURT OF INDIA
R.S. Pathak, CJI., K.N.Singh, Ranganath Misra, JJ.
State Of Bihar
Versus
Usha Martin Industries Limited
Case No. : 4534 of 1986
Date of Decision : 2/25/87
If the legal question raised in an appeal has already been concluded by established law and precedents, and this is undisputed by the parties, the appeal is liable to be dismissed.
(A) Civil Appeal - Settled Law - Question raised in appeal stands concluded by the law laid down by the court in previous precedents - Where the ratio of previous decisions is affirmed and not disputed by the counsel, the appeal is liable to be dismissed. (Para 1)
Facts of the case:
An appeal was filed by a state government against a private industrial entity. The legal issue involved in the appeal had already been decided by the court in prior judgments.
Findings of Court:
The court found that the legal question raised in the present appeal was already concluded by the law established in previous cases, a fact not disputed by the appellant's counsel.
Issues: Whether the appeal could be sustained given that the legal question raised had already been settled by the court in previous decisions.
Ratio Decidendi: When a legal question is concluded by the law laid down in previous decisions of the court and the ratio is affirmed and undisputed, the appeal must be dismissed.
Result: Appeal dismissed without any order as to costs.
Facts of the case:
An appeal was filed by a state government against a private industrial entity. The legal issue involved in the appeal had already been decided by the court in prior judgments.
Findings of Court:
The court found that the legal question raised in the present appeal was already concluded by the law established in previous cases, a fact not disputed by the appellant's counsel.
Issues: Whether the appeal could be sustained given that the legal question raised had already been settled by the court in previous decisions.
Ratio Decidendi: When a legal question is concluded by the law laid down in previous decisions of the court and the ratio is affirmed and undisputed, the appeal must be dismissed.
Result: Appeal dismissed without any order as to costs.
Cases Referred:
Mis Motilal Padampat Sugar Mills Co. Ltd. v. State of U. P, , 1979 2 SCC 409 - Relied
Ratio - The ratio laid down in this case was affirmed in the Pournami Oil Mills case and applied to the current matter.
Ratio - The ratio laid down in this case was affirmed in the Pournami Oil Mills case and applied to the current matter.
Pournami Oil Mills v. State of Kerala - relied upon
Precedent - The law laid down in this case concluded the question raised in the present appeal.
Precedent - The law laid down in this case concluded the question raised in the present appeal.
(1) THE question raised in this appeal stands concluded by the law laid down by this court in Pournami Oil Mills v. State of Kerala where the ratio laid down in M/s Motilal Padampat Sugar Mills Co. Ltd. v. State of U.P. was affirmed. This is not disputed by learned counsel for the appellant. In the circumstances the appeal is dismissed but without any order as to costs.