The High Court dismissed the Miscellaneous Appeal noting that the monetary stake fell under the Government of India's litigation policy limiting litigation to cases exceeding one crore rupees, though it left the legal question open.
The appeal was closed with the question of law left open.
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 JUDICATURE AT PATNA Miscellaneous Appeal No.1353 of 2016
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... ... Appellant/s
Versus
M/s Shirdi Enterprises Shop No. 18 Lok Mayak Jay Prakash Bharat Frazer Road, Patna, PAN AAMFS4114M.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mrs. Archana Sinha, Sr. SC, Income Tax Deptt. Mr. Alok Kumar, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi, Sr. Advocate Mrs. Smriti Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 20-06-2023 The Government of India, Ministry of Finance brought out a Circular dated 08.08.2019, wherein the litigation policy is insofar as, not filing an appeal before the High Court where the monetary stake is less than one crore rupees. This applies squarely in the above case.
The monetary limit of the litigation policy having not been exceeded, we are of the opinion that the appeal has to be closed, but however, leaving the question of law open.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Aditya/-
K.C. Jha/- U
1 issue framed by the court
Whether the High Court has jurisdiction to entertain this appeal given the monetary stake is less than one crore rupees under the Ministry of Finance litigation policy.
1 provisions across 1 enactments
The Government of India Ministry of Finance
M/s Shirdi Enterprises
ADITYA
K.C. JHA
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
