The Court dismissed the leave petition preferring a special leave petition against a judgment by the ACMM-II. The Court held that the lower court's view on whether an item was ice cream or a milk lolly was plausible, finding no reason to allow the appeal.
Leave to file the special leave petition refused; petition dismissed.
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DELHI ADMINISTRATION ..... Petitioner Through: Mr. Rajat Katyal, APP
versus RAJ KUMAR ..... Respondent Through:
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 09.01.2017
The petitioner has preferred the present leave petition to seek leave to appeal against the judgment dated 30.01.2010 passed by the learned ACMM – II, New Delhi in CC No. 16/2000 titled DA Vs. Raj Kumar. The issue that arose for consideration in the case was whether the product in question was an ice cream or milk lolly. I have perused the impugned judgment. It cannot be disputed that the view taken by the learned ACMM-II is a plausible view. That being the position, I find no reason in the petition and the same is dismissed.
VIPIN SANGHI, J.
JANUARY 09, 2017 sl
2 issues framed by the court
Whether leave to file a special leave petition against the impugned judgment should be granted.
Whether the view taken by the learned ACMM-II was legally sustainable.
Delhi Administration
Raj Kumar
VIPIN SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
