Petitioner challenged Section 108 of Customs Act, 1962 as ultra virus. Hon'ble Court found issue already decided in Vivek Swami case and disposed of petition accordingly.
Petition disposed of in terms of judgment in Vivek Swami Vs. Union of India dated 14.10.2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No. 14321/2020
Sameer Kehimkar S/o Sh. Isaac David Kehimkar, Aged About 37 Years, C/o Satya Narayan Bhalla, Bhallo Ka Guda, Girwa, Udaipur, Rajasthan-313024.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vikram Nankani Senior Advocate assisted by Mr. Sameer Sharma through VC For Respondent(s) :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Order
07/12/2020
(2 of 2)
[CW-14321/2020]
This petition has been filed with the prayer to declare the Section 108 of the Customs Act, 1962 as ultra virus on various grounds.
Heard learned counsel appearing on behalf of the petitioner.
We find that the issue raised in this petition has already been dealt with by this Court in DB. Civil Writ Petition No.7491/2020, Vivek Swami Vs. Union of India, decided on 14.10.2020.
Therefore nothing remains for consideration in this matter and accordingly, the petition is disposed of in terms of the judgment dated 14.10.2020 in Vivek Swami Vs. Union of India (Supra).
(SATISH KUMAR SHARMA),J
(INDRAJIT MAHANTY),CJ
Arun/1
2 issues framed by the court
Whether Section 108 of the Customs Act, 1962 is ultra virus.
Whether the instant petition requires separate adjudication given earlier decision in Vivek Swami case.
Colour shows how this judgement treated each authority
Vivek Swami Vs. Union of IndiaFollowed¶23
DB. Civil Writ Petition No.7491/2020, Vivek Swami Vs. Union of India
1 provisions across 1 enactments
Sameer Kehimkar
Union Of India
Satish Kumar Sharma
Indrajit Mahanty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
