A review petition against a judgment in W.P.(C).No.39/2011 was allowed and the impugned judgment recalled because the plea of limitation was not considered in the original judgment.
Review petition allowed; judgment in W.P.(C).No.39/2011 recalled; matter posted for hearing next week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938
RP.No. 641 of 2016 (D)
AGAINST THE JUDGMENT IN WP(C).NO.39/2011 DATED 22-06-2016.
REVIEW PETITIONERS/PETITIONERS:
1. V.K. RAKESH, R.R. TRAVELS, KARTHIKA TOURIST COMPLEX,
2. P.G. VIMALA DEVI (RETD.), EXECUTIVE ENGINEER, APPROVED VALUER, VASUDEVAPURAM, CHERTHALA CANAL WARD,
ALAPPUZHA DISTRICT.
BY ADVS.SRI.V.M.KURIAN, SRI.MATHEW B. KURIAN, SRI.K.T.THOMAS.
RESPONDENTS/RESPONDENTS:
1. COMMISSIONER OF CUSTOMS & CENTRAL EXCISE (APPEALS), CENTRAL REVENUE BUILDINGS, I.S. PRESS ROAD, COCHIN-18.
2. ASSISTANT COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, ERNAKULAM II DIVISION, CENTRAL EXCISE BHAVAN, KATHRIKKADAVU, KALOOR P.O., COCHIN-17.
BY ADVS. SRI.RAJESH B., SC, SRI.SREELAL N. WARRIER, SC.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
A.M.SHAFFIQUE, J.
------------------------------------ R.P.No.641 of 2016 in W.P.(C).No.39 of 2011
-----------------------------------
Dated this the 4th day of October, 2016
O R D E R
This review petition has been filed against the judgment dated 22.06.2016 in W.P.(C).No.39/2011.
Accordingly, this review petition is allowed and the judgment dated 22.06.2016 in W.P.(C).No.39/2011 is recalled. Post the writ petition for hearing next week.
Sd/-
A.M.SHAFFIQUE, JUDGE.
AV
V.K. Rakesh
P.G. Vimala Devi (Retd.)
Commissioner of Customs & Central Excise (Appeals)
Assistant Commissioner of Central Excise
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
